HB 1823

1	A bill to be entitled
2	An act relating to developmental services and mental
3	health; creating ss. 393.135, 394.4593, and 916.1075,
4	F.S.; defining the terms "employee," "sexual activity,"
5	and "sexual misconduct"; providing that it is a second
6	degree felony for an employee to engage in sexual
7	misconduct with certain developmentally disabled clients,
8	certain mental health patients, or certain forensic
9	clients; providing certain exceptions; prohibiting certain
10	employment, and providing for dismissal from employment,
11	of a person who has engaged in sexual misconduct with
12	certain developmentally disabled clients, certain mental
13	health patients, or certain forensic clients; requiring
14	certain employees to report sexual misconduct to the
15	central abuse hotline of the Department of Children and
16	Family Services and to the appropriate local law
17	enforcement agency; providing for notification to the
18	inspector general of the Department of Children and Family
19	Services; providing that it is a first degree misdemeanor
20	to knowingly and willfully fail to make a report as
21	required, or to prevent another from doing so, or to
22	submit inaccurate or untruthful information; providing
23	that it is a third degree felony to coerce or threaten
24	another person to alter testimony or a report with respect
25	to an incident of sexual misconduct; providing criminal
26	penalties; amending s. 435.03, F.S.; expanding level 1
27	screening standards to include criminal offenses related
28	to sexual misconduct with certain developmentally disabled
29	clients, mental health patients, or forensic clients and
30	the reporting of such sexual misconduct; amending s.
31	435.04, F.S.; expanding level 2 screening standards to
32	include the offenses related to sexual misconduct with
33	certain developmentally disabled clients, mental health
34	patients, or forensic clients and the reporting of such
35	sexual misconduct; amending s. 393.0655, F.S.; requiring
36	the employment screening of direct service providers to
37	include screening as provided under ch. 435, F.S.;
38	amending s. 393.067, F.S.; reenacting paragraphs (a), (b),
39	(c), (d), (f), and (g) of subsection (6) of said section,
40	relating to background screening and licensure of
41	personnel of intermediate care facilities for the
42	developmentally disabled, for the purpose of incorporating
43	the amendment to s. 435.04, F.S., in references thereto;
44	providing that the licenses of residential facilities and
45	comprehensive transitional education programs are not
46	professional licenses of individuals; providing that the
47	receipt of such license does not create a property right;
48	providing a privilege that must guide the finder of fact
49	or trier of law in any administrative proceeding or court
50	action initiated by the Department of Children and Family
51	Services; amending s. 394.4572, F.S.; requiring the
52	employment screening of mental health personnel to include
53	screening as provided under ch. 435, F.S.; amending s.
54	943.0585, F.S., relating to court-ordered expunction of
55	criminal history records, for the purpose of incorporating
56	the amendment to s. 943.059, F.S., in a reference thereto;
57	providing that certain criminal history records relating
58	to sexual misconduct with developmentally disabled
59	clients, mental health patients, or forensic clients, or
60	the reporting of such sexual misconduct, shall not be
61	expunged; providing that the application for eligibility
62	for expunction certify that the criminal history record
63	does not relate to an offense involving sexual misconduct
64	with certain developmentally disabled clients, mental
65	health patients, or forensic clients, or the reporting of
66	such sexual misconduct; amending s. 943.059, F.S.,
67	relating to court-ordered sealing of criminal history
68	records, for the purpose of incorporating the amendment to
69	s. 943.0585, F.S., in a reference thereto; providing that
70	certain criminal history records relating to sexual
71	misconduct with developmentally disabled clients, mental
72	health patients, or forensic clients, or the reporting of
73	such sexual misconduct, shall not be sealed; providing
74	that the application for eligibility for sealing certify
75	that the criminal history record does not relate to an
76	offense involving sexual misconduct with certain
77	developmentally disabled clients, mental health patients,
78	or forensic clients, or the reporting of such sexual
79	misconduct; amending s. 400.215, F.S., and reenacting
80	paragraphs (b) and (c) of subsection (2) and subsection
81	(3), relating to background screening requirements for
82	certain nursing home personnel, for the purpose of
83	incorporating the amendments to ss. 435.03 and 435.04,
84	F.S., in references thereto; correcting a cross reference;
85	amending s. 400.964, F.S., and reenacting subsections (1),
86	(2), and (7), relating to background screening
87	requirements for certain personnel employed by
88	intermediate care facilities for the developmentally
89	disabled, for the purpose of incorporating the amendments
90	to ss. 435.03 and 435.04, F.S., in references thereto;
91	correcting a cross reference; amending s. 435.045, F.S.,
92	and reenacting paragraph (a) of subsection (1), relating
93	to requirements for the placement of dependent children,
94	for the purpose of incorporating the amendment to s.
95	435.04, F.S., in a reference thereto; correcting a cross
96	reference; reenacting ss. 400.414(1)(f) and (g), 400.4174,
97	400.509(4)(a), (b), (c), (d), (f), and (g), 400.556(2)(c),
98	400.6065(1), (2), and (4), 400.980(4)(a), (b), (c), (d),
99	(f), and (g), 409.175(2)(k), 409.907(8)(d), 435.05(1) and
100	(3), 744.3135, and 985.04(2), F.S., relating to denial,
101	revocation, or suspension of license to operate an
102	assisted living facility; background screening
103	requirements for certain personnel employed by assisted
104	living facilities; registration of particular home health
105	care service providers; denial, suspension, or revocation
106	of license to operate adult day care centers; background
107	screening requirements for certain hospice personnel;
108	background screening requirements for registrants of the
109	health care service pools; the definition of "screening"
110	in connection with the licensure of family foster homes,
111	residential child-caring agencies, and child-placing
112	agencies; background screening requirements of Medicaid
113	providers; employment of persons in positions requiring
114	background screening; credit and criminal investigations
115	of guardians; oaths, records, and confidential information
116	pertaining to juvenile offenders, respectively, for the
117	purpose of incorporating the amendments to ss. 435.03 and
118	435.04, F.S., in references thereto; reenacting ss.
119	400.512, 400.619(4), 400.6194(1), 400.953, 409.912(32),
120	435.07(4), 464.018(1)(e), 744.309(3), 744.474(12), and
121	985.407(4), F.S., relating to background screening of home
122	health agency personnel, nurse registry personnel,
123	companions, and homemakers; application and renewal of
124	adult family-care home provider licenses; relating to
125	denial, revocation, or suspension of adult family-care
126	home provider license; background screening of home
127	medical equipment provider personnel, background screening
128	requirements for certain persons responsible for managed
129	care plans; exemptions from disqualification from
130	employment; denial of nursing license and disciplinary
131	actions against such licensees; disqualification of
132	guardians; removal of guardians; background screening
133	requirements for certain Department of Juvenile Justice
134	personnel, respectively, for the purpose of incorporating
135	the amendment to s. 435.03, F.S., in references thereto;
136	reenacting ss. 39.001(2)(b), 39.821(1), 110.1127(3)(a) and
137	(c), 112.0455(12)(a), 381.0059(1), (2), and (4),
138	381.60225(1)(a), (b), (c), (d), (f), and (g),
139	383.305(7)(a), (b), (c), (d), (f), and (g), 390.015(3)(a),
140	(b), (c), (d), (f), and (g), 394.875(13)(a), (b), (c),
141	(d), (f), and (g), 395.0055(1), (2), (3), (4), (6), and
142	(8), 395.0199(4)(a), (b), (c), (d), (f), and (g),
143	397.451(1)(a), 400.071(4)(a), (b), (c), (d), and (f),
144	400.471(4)(a), (b), (c), (d), (f), and (g), 400.506(2)(a),
145	(b), (c), (d), (f), and (g), 400.5572, 400.607(3)(a),
146	400.801(4)(a), (b), (c), (d), (f), and (g), 400.805(3)(a),
147	(b), (c), (d), (f), and (g), 400.906(5)(a), (b), (c), (d),
148	(f), and (g), 400.931(5)(a), (b), (c), (e), and (f),
149	400.962(10)(a), (b), (c), (d), and (f), 400.991(7)(b) and
150	(d), 402.302(2)(e), 402.305(2)(a), 402.3054(3),
151	483.30(2)(a), (b), (c), (d), (f), and (g), 483.101(2)(a),
152	(b), (c), (d), (f), and (g), 744.1085(5), 984.01(2)(b),
153	985.01(2)(b), 1002.36(7)(a) and (b), F.S., relating to
154	background screening requirements for certain Department
155	of Children and Family Services personnel; qualifications
156	of guardians ad litem; security checks of certain public
157	officers and employees; background screening requirements
158	of certain laboratory personnel in connection with the
159	Drug-Free Workplace Act; background screening requirements
160	for school health services personnel; background screening
161	of certain personnel of the public health system;
162	background screening and licensure of birth center
163	personnel; background screening and licensure of abortion
164	clinic personnel; background screening of mental health
165	personnel; background screening and licensure of personnel
166	of crisis stabilization units, residential treatment
167	facilities, and residential treatment centers for children
168	and adolescents; background screening and licensure of
169	personnel of hospitals, ambulatory surgical centers, and
170	mobile surgical facilities; background screening of
171	certain personnel in connection with registration for
172	private utilization reviews; background screening of
173	certain service provider personnel; background screening
174	and licensure of certain long-term care facility
175	personnel; background screening and licensure of certain
176	home health agency personnel; background screening and
177	licensure of nurse registry applicants; background
178	screening of certain adult day care center personnel;
179	denial or revocation of hospice license; background
180	screening and licensure of certain transitional living
181	facility personnel; background screening and licensure of
182	certain prescribed pediatric extended care center
183	personnel; background screening and licensure of certain
184	home medical equipment provider personnel; background
185	screening and licensure of certain personnel of
186	intermediate care facilities for the developmentally
187	disabled; background screening and licensure of health
188	care clinic personnel; the definition of "child care
189	facility" in connection with background screening of
190	operators; background screening requirements for personnel
191	of child care facilities; background screening
192	requirements for child enrichment service providers;
193	background screening and licensure of certain personnel of
194	multiphasic health testing centers; background screening
195	and licensure of certain clinical laboratory personnel;
196	regulation of professional guardians; background screening
197	of certain Department of Juvenile Justice and Department
198	of Children and Family Services personnel in connection
199	with programs for children and families in need of
200	services; background screening of certain Department of
201	Juvenile Justice and Department of Children and Family
202	Services personnel in connection with juvenile justice
203	programs, background screening of personnel of the Florida
204	School for the Deaf and the Blind, respectively, for the
205	purposes of incorporating the amendment to s. 435.04,
206	F.S., in references thereto; reenacting s. 943.0582(2)(a)
207	and (6), F.S., relating to prearrest, postarrest, or teen
208	court diversion program expunction for the purpose of
209	incorporating the amendments to ss. 943.0585 and 943.059,
210	F.S., in references thereto; reenacting s. 943.053(7),
211	(8), and (9), F.S., relating to dissemination of criminal
212	justice information, for the purpose of incorporating the
213	amendment to s. 943.059, F.S., in references thereto;
214	providing applicability; providing an effective date.
215
216	Be It Enacted by the Legislature of the State of Florida:
217
218	Section 1.  Section 393.135, Florida Statutes, is created
219	to read:
220	393.135  Sexual misconduct prohibited; reporting required;
221	penalties.--
222	(1)  As used in this section, the term:
223	(a)  "Employee" includes any paid staff member, volunteer,
224	or intern of the agency or the department; any person under
225	contract with the agency or the department; and any person
226	providing care or support to a client on behalf of the
227	department or its providers.
228	(b)  "Sexual activity" means:
229	1.  Fondling the genital area, groin, inner thighs,
230	buttocks, or breasts of a person.
231	2.  The oral, anal, or vaginal penetration by or union with
232	the sexual organ of another or the anal or vaginal penetration
233	of another by any other object.
234	3.  Intentionally touching in a lewd or lascivious manner
235	the breasts, genitals, the genital area, or buttocks, or the
236	clothing covering them, of a person, or forcing or enticing a
237	person to touch the perpetrator.
238	4.  Intentionally masturbating in the presence of another
239	person.
240	5.  Intentionally exposing the genitals in a lewd or
241	lascivious manner in the presence of another person.
242	6.  Intentionally committing any other sexual act that does
243	not involve actual physical or sexual contact with the victim,
244	including, but not limited to, sadomasochistic abuse, sexual
245	bestiality, or the simulation of any act involving sexual
246	activity in the presence of a victim.
247	(c)  "Sexual misconduct" means any sexual activity between
248	an employee and a client, regardless of the consent of the
249	client. The term does not include an act done for a bona fide
250	medical purpose or an internal search conducted in the lawful
251	performance of duty by an employee.
252	(2)  An employee who engages in sexual misconduct with an
253	individual with a developmental disability who:
254	(a)  Is in the custody of the department;
255	(b)  Resides in a residential facility, including any
256	comprehensive transitional education program, developmental
257	services institution, foster care facility, group home facility,
258	intermediate care facility for the developmentally disabled, or
259	residential habilitation center; or
260	(c)  Receives services from a family care program
261
262	commits a felony of the second degree, punishable as provided in
263	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
264	guilty of violating this subsection without having committed the
265	crime of sexual battery.
266	(3)  The consent of the client to sexual activity is not a
267	defense to prosecution under this section.
268	(4)  This section does not apply to an employee who:
269	(a)  Is legally married to the client; or
270	(b)  Has no reason to believe that the person with whom the
271	employee engaged in sexual misconduct is a client receiving
272	services as described in subsection (2).
273	(5)  Notwithstanding prosecution, any violation of this
274	subsection, as determined by the Public Employees Relations
275	Commission, constitutes sufficient cause under s. 110.227 for
276	dismissal from employment, and such person may not again be
277	employed in any capacity in connection with the developmental
278	services system.
279	(6)  An employee who witnesses sexual misconduct, or who
280	otherwise knows or has reasonable cause to suspect that a person
281	has engaged in sexual misconduct, shall immediately report the
282	incident to the department's central abuse hotline and to the
283	appropriate local law enforcement agency. Such employee shall
284	also prepare, date, and sign an independent report that
285	specifically describes the nature of the sexual misconduct, the
286	location and time of the incident, and the persons involved. The
287	employee shall deliver the report to the supervisor or program
288	director, who is responsible for providing copies to the
289	department's inspector general. The inspector general shall
290	immediately conduct an appropriate administrative investigation,
291	and, if there is probable cause to believe that sexual
292	misconduct has occurred, the inspector general shall notify the
293	state attorney in the circuit in which the incident occurred.
294	(7)(a)  Any person who is required to make a report under
295	this section and who knowingly or willfully fails to do so, or
296	who knowingly or willfully prevents another person from doing
297	so, commits a misdemeanor of the first degree, punishable as
298	provided in s. 775.082 or s. 775.083.
299	(b)  Any person who knowingly or willfully submits
300	inaccurate, incomplete, or untruthful information with respect
301	to a report required under this section commits a misdemeanor of
302	the first degree, punishable as provided in s. 775.082 or s.
303	775.083.
304	(c)  Any person who knowingly or willfully coerces or
305	threatens any other person with the intent to alter testimony or
306	a written report regarding an incident of sexual misconduct
307	commits a felony of the third degree, punishable as provided in
308	s. 775.082, s. 775.083, or s. 775.084.
309	Section 2.  Section 394.4593, Florida Statutes, is created
310	to read:
311	394.4593  Sexual misconduct prohibited; reporting required;
312	penalties.--
313	(1)  As used in this section, the term:
314	(a)  "Employee" includes any paid staff member, volunteer,
315	or intern of the department; any person under contract with the
316	department; and any person providing care or support to a client
317	on behalf of the department or its providers.
318	(b)  "Sexual activity" means:
319	1.  Fondling the genital area, groin, inner thighs,
320	buttocks, or breasts of a person.
321	2.  The oral, anal, or vaginal penetration by or union with
322	the sexual organ of another or the anal or vaginal penetration
323	of another by any other object.
324	3.  Intentionally touching in a lewd or lascivious manner
325	the breasts, genitals, the genital area, or buttocks, or the
326	clothing covering them, of a person, or forcing or enticing a
327	person to touch the perpetrator.
328	4.  Intentionally masturbating in the presence of another
329	person.
330	5.  Intentionally exposing the genitals in a lewd or
331	lascivious manner in the presence of another person.
332	6.  Intentionally committing any other sexual act that does
333	not involve actual physical or sexual contact with the victim,
334	including, but not limited to, sadomasochistic abuse, sexual
335	bestiality, or the simulation of any act involving sexual
336	activity in the presence of a victim.
337	(c)  "Sexual misconduct" means any sexual activity between
338	an employee and a patient, regardless of the consent of the
339	patient. The term does not include an act done for a bona fide
340	medical purpose or an internal search conducted in the lawful
341	performance of duty by an employee.
342	(2)  An employee who engages in sexual misconduct with a
343	patient who:
344	(a)  Is in the custody of the department; or
345	(b)  Resides in a receiving facility or a treatment
346	facility, as those terms are defined in s. 394.455,
347
348	commits a felony of the second degree, punishable as provided in
349	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
350	guilty of violating this subsection without having committed the
351	crime of sexual battery.
352	(3)  The consent of the patient to sexual activity is not a
353	defense to prosecution under this section.
354	(4)  This section does not apply to an employee who:
355	(a)  Is legally married to the patient; or
356	(b)  Has no reason to believe that the person with whom the
357	employee engaged in sexual misconduct is a patient receiving
358	services as described in subsection (2).
359	(5)  Notwithstanding prosecution, any violation of this
360	subsection, as determined by the Public Employees Relations
361	Commission, constitutes sufficient cause under s. 110.227 for
362	dismissal from employment, and such person may not again be
363	employed in any capacity in connection with the mental health
364	services system.
365	(6)  An employee who witnesses sexual misconduct, or who
366	otherwise knows or has reasonable cause to suspect that a person
367	has engaged in sexual misconduct, shall immediately report the
368	incident to the department's central abuse hotline and to the
369	appropriate local law enforcement agency. Such employee shall
370	also prepare, date, and sign an independent report that
371	specifically describes the nature of the sexual misconduct, the
372	location and time of the incident, and the persons involved. The
373	employee shall deliver the report to the supervisor or program
374	director, who is responsible for providing copies to the
375	department's inspector general. The inspector general shall
376	immediately conduct an appropriate administrative investigation,
377	and, if there is probable cause to believe that sexual
378	misconduct has occurred, the inspector general shall notify the
379	state attorney in the circuit in which the incident occurred.
380	(7)(a)  Any person who is required to make a report under
381	this section and who knowingly or willfully fails to do so, or
382	who knowingly or willfully prevents another person from doing
383	so, commits a misdemeanor of the first degree, punishable as
384	provided in s. 775.082 or s. 775.083.
385	(b)  Any person who knowingly or willfully submits
386	inaccurate, incomplete, or untruthful information with respect
387	to a report required under this section commits a misdemeanor of
388	the first degree, punishable as provided in s. 775.082 or s.
389	775.083.
390	(c)  Any person who knowingly or willfully coerces or
391	threatens any other person with the intent to alter testimony or
392	a written report regarding an incident of sexual misconduct
393	commits a felony of the third degree, punishable as provided in
394	s. 775.082, s. 775.083, or s. 775.084.
395	Section 3.  Section 916.1075, Florida Statutes, is created
396	to read:
397	916.1075  Sexual misconduct prohibited; reporting required;
398	penalties.--
399	(1)  As used in this section, the term:
400	(a)  "Employee" includes any paid staff member, volunteer,
401	or intern of the department; any person under contract with the
402	department; and any person providing care or support to a client
403	on behalf of the department or its providers.
404	(b)  "Sexual activity" means:
405	1.  Fondling the genital area, groin, inner thighs,
406	buttocks, or breasts of a person.
407	2.  The oral, anal, or vaginal penetration by or union with
408	the sexual organ of another or the anal or vaginal penetration
409	of another by any other object.
410	3.  Intentionally touching in a lewd or lascivious manner
411	the breasts, genitals, the genital area, or buttocks, or the
412	clothing covering them, of a person, or forcing or enticing a
413	person to touch the perpetrator.
414	4.  Intentionally masturbating in the presence of another
415	person.
416	5.  Intentionally exposing the genitals in a lewd or
417	lascivious manner in the presence of another person.
418	6.  Intentionally committing any other sexual act that does
419	not involve actual physical or sexual contact with the victim,
420	including, but not limited to, sadomasochistic abuse, sexual
421	bestiality, or the simulation of any act involving sexual
422	activity in the presence of a victim.
423	(c)  "Sexual misconduct" means any sexual activity between
424	an employee and a client, regardless of the consent of the
425	client. The term does not include an act done for a bona fide
426	medical purpose or an internal search conducted in the lawful
427	performance of duty by an employee.
428	(2)  An employee who engages in sexual misconduct with a
429	client who resides in a civil or forensic facility commits a
430	felony of the second degree, punishable as provided in s.
431	775.082, s. 775.083, or s. 775.084. An employee may be found
432	guilty of violating this subsection without having committed the
433	crime of sexual battery.
434	(3)  The consent of the client to sexual activity is not a
435	defense to prosecution under this section.
436	(4)  This section does not apply to an employee who:
437	(a)  Is legally married to the client; or
438	(b)  Has no reason to believe that the person with whom the
439	employee engaged in sexual misconduct is a client receiving
440	services as described in subsection (2).
441	(5)  Notwithstanding prosecution, any violation of this
442	subsection, as determined by the Public Employees Relations
443	Commission, constitutes sufficient cause under s. 110.227 for
444	dismissal from employment, and such person may not again be
445	employed in any capacity in connection with the developmentally
446	disabled or mental health services systems.
447	(6)  An employee who witnesses sexual misconduct, or who
448	otherwise knows or has reasonable cause to suspect that a person
449	has engaged in sexual misconduct, shall immediately report the
450	incident to the department's central abuse hotline and to the
451	appropriate local law enforcement agency. Such employee shall
452	also prepare, date, and sign an independent report that
453	specifically describes the nature of the sexual misconduct, the
454	location and time of the incident, and the persons involved. The
455	employee shall deliver the report to the supervisor or program
456	director, who is responsible for providing copies to the
457	department's inspector general. The inspector general shall
458	immediately conduct an appropriate administrative investigation,
459	and, if there is probable cause to believe that sexual
460	misconduct has occurred, the inspector general shall notify the
461	state attorney in the circuit in which the incident occurred.
462	(7)(a)  Any person who is required to make a report under
463	this section and who knowingly or willfully fails to do so, or
464	who knowingly or willfully prevents another person from doing
465	so, commits a misdemeanor of the first degree, punishable as
466	provided in s. 775.082 or s. 775.083.
467	(b)  Any person who knowingly or willfully submits
468	inaccurate, incomplete, or untruthful information with respect
469	to a report required under this section commits a misdemeanor of
470	the first degree, punishable as provided in s. 775.082 or s.
471	775.083.
472	(c)  Any person who knowingly or willfully coerces or
473	threatens any other person with the intent to alter testimony or
474	a written report regarding an incident of sexual misconduct
475	commits a felony of the third degree, punishable as provided in
476	s. 775.082, s. 775.083, or s. 775.084.
477	Section 4.  Subsection (2) of section 435.03, Florida
478	Statutes, is amended to read:
479	435.03  Level 1 screening standards.--
480	(2)  Any person for whom employment screening is required
481	by statute must not have been found guilty of, regardless of
482	adjudication, or entered a plea of nolo contendere or guilty to,
483	any offense prohibited under any of the following provisions of
484	the Florida Statutes or under any similar statute of another
485	jurisdiction:
486	(a)  Section 393.135, relating to sexual misconduct with
487	certain developmentally disabled clients and reporting of such
488	sexual misconduct.
489	(b)  Section 394.4593, relating to sexual misconduct with
490	certain mental health patients and reporting of such sexual
491	misconduct.
492	(c)(a)  Section 415.111, relating to abuse, neglect, or
493	exploitation of a vulnerable adult.
494	(d)(b)  Section 782.04, relating to murder.
495	(e)(c)  Section 782.07, relating to manslaughter,
496	aggravated manslaughter of an elderly person or disabled adult,
497	or aggravated manslaughter of a child.
498	(f)(d)  Section 782.071, relating to vehicular homicide.
499	(g)(e)  Section 782.09, relating to killing of an unborn
500	child by injury to the mother.
501	(h)(f)  Section 784.011, relating to assault, if the victim
502	of the offense was a minor.
503	(i)(g)  Section 784.021, relating to aggravated assault.
504	(j)(h)  Section 784.03, relating to battery, if the victim
505	of the offense was a minor.
506	(k)(i)  Section 784.045, relating to aggravated battery.
507	(l)(j)  Section 787.01, relating to kidnapping.
508	(m)(k)  Section 787.02, relating to false imprisonment.
509	(n)(l)  Section 794.011, relating to sexual battery.
510	(o)(m)  Former s. 794.041, relating to prohibited acts of
511	persons in familial or custodial authority.
512	(p)(n)  Chapter 796, relating to prostitution.
513	(q)(o)  Section 798.02, relating to lewd and lascivious
514	behavior.
515	(r)(p)  Chapter 800, relating to lewdness and indecent
516	exposure.
517	(s)(q)  Section 806.01, relating to arson.
518	(t)(r)  Chapter 812, relating to theft, robbery, and
519	related crimes, if the offense was a felony.
520	(u)(s)  Section 817.563, relating to fraudulent sale of
521	controlled substances, only if the offense was a felony.
522	(v)(t)  Section 825.102, relating to abuse, aggravated
523	abuse, or neglect of an elderly person or disabled adult.
524	(w)(u)  Section 825.1025, relating to lewd or lascivious
525	offenses committed upon or in the presence of an elderly person
526	or disabled adult.
527	(x)(v)  Section 825.103, relating to exploitation of an
528	elderly person or disabled adult, if the offense was a felony.
529	(y)(w)  Section 826.04, relating to incest.
530	(z)(x)  Section 827.03, relating to child abuse, aggravated
531	child abuse, or neglect of a child.
532	(aa)(y)  Section 827.04, relating to contributing to the
533	delinquency or dependency of a child.
534	(bb)(z)  Former s. 827.05, relating to negligent treatment
535	of children.
536	(cc)(aa)  Section 827.071, relating to sexual performance
537	by a child.
538	(dd)(bb)  Chapter 847, relating to obscene literature.
539	(ee)(cc)  Chapter 893, relating to drug abuse prevention
540	and control, only if the offense was a felony or if any other
541	person involved in the offense was a minor.
542	(ff)  Section 916.0175, relating to sexual misconduct with
543	certain forensic clients and reporting of such sexual
544	misconduct.
545	Section 5.  Subsection (2) of section 435.04, Florida
546	Statutes, is amended to read:
547	435.04  Level 2 screening standards.--
548	(2)  The security background investigations under this
549	section must ensure that no persons subject to the provisions of
550	this section have been found guilty of, regardless of
551	adjudication, or entered a plea of nolo contendere or guilty to,
552	any offense prohibited under any of the following provisions of
553	the Florida Statutes or under any similar statute of another
554	jurisdiction:
555	(a)  Section 393.135, relating to sexual misconduct with
556	certain developmentally disabled clients and reporting of such
557	sexual misconduct.
558	(b)  Section 394.4593, relating to sexual misconduct with
559	certain mental health patients and reporting of such sexual
560	misconduct.
561	(c)(a)  Section 415.111, relating to adult abuse, neglect,
562	or exploitation of aged persons or disabled adults.
563	(d)(b)  Section 782.04, relating to murder.
564	(e)(c)  Section 782.07, relating to manslaughter,
565	aggravated manslaughter of an elderly person or disabled adult,
566	or aggravated manslaughter of a child.
567	(f)(d)  Section 782.071, relating to vehicular homicide.
568	(g)(e)  Section 782.09, relating to killing of an unborn
569	child by injury to the mother.
570	(h)(f)  Section 784.011, relating to assault, if the victim
571	of the offense was a minor.
572	(i)(g)  Section 784.021, relating to aggravated assault.
573	(j)(h)  Section 784.03, relating to battery, if the victim
574	of the offense was a minor.
575	(k)(i)  Section 784.045, relating to aggravated battery.
576	(l)(j)  Section 784.075, relating to battery on a detention
577	or commitment facility staff.
578	(m)(k)  Section 787.01, relating to kidnapping.
579	(n)(l)  Section 787.02, relating to false imprisonment.
580	(o)(m)  Section 787.04(2), relating to taking, enticing, or
581	removing a child beyond the state limits with criminal intent
582	pending custody proceedings.
583	(p)(n)  Section 787.04(3), relating to carrying a child
584	beyond the state lines with criminal intent to avoid producing a
585	child at a custody hearing or delivering the child to the
586	designated person.
587	(q)(o)  Section 790.115(1), relating to exhibiting firearms
588	or weapons within 1,000 feet of a school.
589	(r)(p)  Section 790.115(2)(b), relating to possessing an
590	electric weapon or device, destructive device, or other weapon
591	on school property.
592	(s)(q)  Section 794.011, relating to sexual battery.
593	(t)(r)  Former s. 794.041, relating to prohibited acts of
594	persons in familial or custodial authority.
595	(u)(s)  Chapter 796, relating to prostitution.
596	(v)(t)  Section 798.02, relating to lewd and lascivious
597	behavior.
598	(w)(u)  Chapter 800, relating to lewdness and indecent
599	exposure.
600	(x)(v)  Section 806.01, relating to arson.
601	(y)(w)  Chapter 812, relating to theft, robbery, and
602	related crimes, if the offense is a felony.
603	(z)(x)  Section 817.563, relating to fraudulent sale of
604	controlled substances, only if the offense was a felony.
605	(aa)(y)  Section 825.102, relating to abuse, aggravated
606	abuse, or neglect of an elderly person or disabled adult.
607	(bb)(z)  Section 825.1025, relating to lewd or lascivious
608	offenses committed upon or in the presence of an elderly person
609	or disabled adult.
610	(cc)(aa)  Section 825.103, relating to exploitation of an
611	elderly person or disabled adult, if the offense was a felony.
612	(dd)(bb)  Section 826.04, relating to incest.
613	(ee)(cc)  Section 827.03, relating to child abuse,
614	aggravated child abuse, or neglect of a child.
615	(ff)(dd)  Section 827.04, relating to contributing to the
616	delinquency or dependency of a child.
617	(gg)(ee)  Former s. 827.05, relating to negligent treatment
618	of children.
619	(hh)(ff)  Section 827.071, relating to sexual performance
620	by a child.
621	(ii)(gg)  Section 843.01, relating to resisting arrest with
622	violence.
623	(jj)(hh)  Section 843.025, relating to depriving a law
624	enforcement, correctional, or correctional probation officer
625	means of protection or communication.
626	(kk)(ii)  Section 843.12, relating to aiding in an escape.
627	(ll)(jj)  Section 843.13, relating to aiding in the escape
628	of juvenile inmates in correctional institutions.
629	(mm)(kk)  Chapter 847, relating to obscene literature.
630	(nn)(ll)  Section 874.05(1), relating to encouraging or
631	recruiting another to join a criminal gang.
632	(oo)(mm)  Chapter 893, relating to drug abuse prevention
633	and control, only if the offense was a felony or if any other
634	person involved in the offense was a minor.
635	(pp)  Section 916.0175, relating to sexual misconduct with
636	certain forensic clients and reporting of such sexual
637	misconduct.
638	(qq)(nn)  Section 944.35(3), relating to inflicting cruel
639	or inhuman treatment on an inmate resulting in great bodily
640	harm.
641	(rr)(oo)  Section 944.46, relating to harboring,
642	concealing, or aiding an escaped prisoner.
643	(ss)(pp)  Section 944.47, relating to introduction of
644	contraband into a correctional facility.
645	(tt)(qq)  Section 985.4045, relating to sexual misconduct
646	in juvenile justice programs.
647	(uu)(rr)  Section 985.4046, relating to contraband
648	introduced into detention facilities.
649	Section 6.  Subsection (1) of section 393.0655, Florida
650	Statutes, is amended to read:
651	393.0655  Screening of direct service providers.--
652	(1)  MINIMUM STANDARDS.--The department shall require
653	employment screening pursuant to chapter 435, using the level 2
654	standards for screening set forth in that chapter, for direct
655	service providers who are unrelated to their clients. For
656	purposes of this chapter, employment screening of direct service
657	providers shall also include, but is not limited to, employment
658	screening as provided under chapter 435.
659	Section 7.  Subsection (3) of section 393.067, Florida
660	Statutes, is amended and for the purpose of incorporating the
661	amendment to section 435.04, Florida Statutes, in references
662	thereto, paragraphs (a), (b), (c), (d), (f), and (g) of
663	subsection (6) of said section are reenacted, to read:
664	393.067  Licensure of residential facilities and
665	comprehensive transitional education programs.--
666	(3)  An application for a license for a residential
667	facility or a comprehensive transitional education program shall
668	be made to the Department of Children and Family Services on a
669	form furnished by it and shall be accompanied by the appropriate
670	license fee. A license issued to a residential facility or a
671	comprehensive transitional education program, as described in
672	this section, is not a professional license of any individual.
673	Receipt of a license under this section shall not create a
674	property right in the recipient of such license. A license under
675	this section is a public trust and a privilege and is not an
676	entitlement. This privilege must guide the finder of fact or
677	trier of law at any administrative proceeding or court action
678	initiated by the department.
679	(6)  Each applicant for licensure as an intermediate care
680	facility for the developmentally disabled must comply with the
681	following requirements:
682	(a)  Upon receipt of a completed, signed, and dated
683	application, the agency shall require background screening, in
684	accordance with the level 2 standards for screening set forth in
685	chapter 435, of the managing employee, or other similarly titled
686	individual who is responsible for the daily operation of the
687	facility, and of the financial officer, or other similarly
688	titled individual who is responsible for the financial operation
689	of the center, including billings for resident care and
690	services. The applicant must comply with the procedures for
691	level 2 background screening as set forth in chapter 435, as
692	well as the requirements of s. 435.03(3).
693	(b)  The agency may require background screening of any
694	other individual who is an applicant if the agency has probable
695	cause to believe that he or she has been convicted of a crime or
696	has committed any other offense prohibited under the level 2
697	standards for screening set forth in chapter 435.
698	(c)  Proof of compliance with the level 2 background
699	screening requirements of chapter 435 which has been submitted
700	within the previous 5 years in compliance with any other health
701	care licensure requirements of this state is acceptable in
702	fulfillment of the requirements of paragraph (a).
703	(d)  A provisional license may be granted to an applicant
704	when each individual required by this section to undergo
705	background screening has met the standards for the Department of
706	Law Enforcement background check, but the agency has not yet
707	received background screening results from the Federal Bureau of
708	Investigation, or a request for a disqualification exemption has
709	been submitted to the agency as set forth in chapter 435, but a
710	response has not yet been issued. A standard license may be
711	granted to the applicant upon the agency's receipt of a report
712	of the results of the Federal Bureau of Investigation background
713	screening for each individual required by this section to
714	undergo background screening which confirms that all standards
715	have been met, or upon the granting of a disqualification
716	exemption by the agency as set forth in chapter 435. Any other
717	person who is required to undergo level 2 background screening
718	may serve in his or her capacity pending the agency's receipt of
719	the report from the Federal Bureau of Investigation. However,
720	the person may not continue to serve if the report indicates any
721	violation of background screening standards and a
722	disqualification exemption has not been requested of and granted
723	by the agency as set forth in chapter 435.
724	(f)  Each applicant must submit to the agency a description
725	and explanation of any conviction of an offense prohibited under
726	the level 2 standards of chapter 435 by a member of the board of
727	directors of the applicant, its officers, or any individual
728	owning 5 percent or more of the applicant. This requirement does
729	not apply to a director of a not-for-profit corporation or
730	organization if the director serves solely in a voluntary
731	capacity for the corporation or organization, does not regularly
732	take part in the day-to-day operational decisions of the
733	corporation or organization, receives no remuneration for his or
734	her services on the corporation or organization's board of
735	directors, and has no financial interest and has no family
736	members with a financial interest in the corporation or
737	organization, provided that the director and the not-for-profit
738	corporation or organization include in the application a
739	statement affirming that the director's relationship to the
740	corporation satisfies the requirements of this paragraph.
741	(g)  A license may not be granted to an applicant if the
742	applicant or managing employee has been found guilty of,
743	regardless of adjudication, or has entered a plea of nolo
744	contendere or guilty to, any offense prohibited under the level
745	2 standards for screening set forth in chapter 435, unless an
746	exemption from disqualification has been granted by the agency
747	as set forth in chapter 435.
748	Section 8.  Paragraph (a) of subsection (1) of section
749	394.4572, Florida Statutes, is amended to read:
750	394.4572  Screening of mental health personnel.--
751	(1)(a)  The department and the Agency for Health Care
752	Administration shall require employment screening for mental
753	health personnel using the standards for level 2 screening set
754	forth in chapter 435. "Mental health personnel" includes all
755	program directors, professional clinicians, staff members, and
756	volunteers working in public or private mental health programs
757	and facilities who have direct contact with unmarried patients
758	under the age of 18 years. For purposes of this chapter,
759	employment screening of mental health personnel shall also
760	include, but is not limited to, employment screening as provided
761	under chapter 435.
762	Section 9.  Section 943.0585, Florida Statutes, is amended
763	to read:
764	943.0585  Court-ordered expunction of criminal history
765	records.--The courts of this state have jurisdiction over their
766	own procedures, including the maintenance, expunction, and
767	correction of judicial records containing criminal history
768	information to the extent such procedures are not inconsistent
769	with the conditions, responsibilities, and duties established by
770	this section. Any court of competent jurisdiction may order a
771	criminal justice agency to expunge the criminal history record
772	of a minor or an adult who complies with the requirements of
773	this section. The court shall not order a criminal justice
774	agency to expunge a criminal history record until the person
775	seeking to expunge a criminal history record has applied for and
776	received a certificate of eligibility for expunction pursuant to
777	subsection (2). A criminal history record that relates to a
778	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
779	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
780	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
781	s. 916.1075, or a violation enumerated in s. 907.041 may not be
782	expunged, without regard to whether adjudication was withheld,
783	if the defendant was found guilty of or pled guilty or nolo
784	contendere to the offense, or if the defendant, as a minor, was
785	found to have committed, or pled guilty or nolo contendere to
786	committing, the offense as a delinquent act. The court may only
787	order expunction of a criminal history record pertaining to one
788	arrest or one incident of alleged criminal activity, except as
789	provided in this section. The court may, at its sole discretion,
790	order the expunction of a criminal history record pertaining to
791	more than one arrest if the additional arrests directly relate
792	to the original arrest. If the court intends to order the
793	expunction of records pertaining to such additional arrests,
794	such intent must be specified in the order. A criminal justice
795	agency may not expunge any record pertaining to such additional
796	arrests if the order to expunge does not articulate the
797	intention of the court to expunge a record pertaining to more
798	than one arrest. This section does not prevent the court from
799	ordering the expunction of only a portion of a criminal history
800	record pertaining to one arrest or one incident of alleged
801	criminal activity. Notwithstanding any law to the contrary, a
802	criminal justice agency may comply with laws, court orders, and
803	official requests of other jurisdictions relating to expunction,
804	correction, or confidential handling of criminal history records
805	or information derived therefrom. This section does not confer
806	any right to the expunction of any criminal history record, and
807	any request for expunction of a criminal history record may be
808	denied at the sole discretion of the court.
809	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
810	petition to a court to expunge a criminal history record is
811	complete only when accompanied by:
812	(a)  A certificate of eligibility for expunction issued by
813	the department pursuant to subsection (2).
814	(b)  The petitioner's sworn statement attesting that the
815	petitioner:
816	1.  Has never, prior to the date on which the petition is
817	filed, been adjudicated guilty of a criminal offense or
818	comparable ordinance violation or adjudicated delinquent for
819	committing a felony or a misdemeanor specified in s.
820	943.051(3)(b).
821	2.  Has not been adjudicated guilty of, or adjudicated
822	delinquent for committing, any of the acts stemming from the
823	arrest or alleged criminal activity to which the petition
824	pertains.
825	3.  Has never secured a prior sealing or expunction of a
826	criminal history record under this section, former s. 893.14,
827	former s. 901.33, or former s. 943.058, or from any jurisdiction
828	outside the state.
829	4.  Is eligible for such an expunction to the best of his
830	or her knowledge or belief and does not have any other petition
831	to expunge or any petition to seal pending before any court.
832
833	Any person who knowingly provides false information on such
834	sworn statement to the court commits a felony of the third
835	degree, punishable as provided in s. 775.082, s. 775.083, or s.
836	775.084.
837	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
838	petitioning the court to expunge a criminal history record, a
839	person seeking to expunge a criminal history record shall apply
840	to the department for a certificate of eligibility for
841	expunction. The department shall, by rule adopted pursuant to
842	chapter 120, establish procedures pertaining to the application
843	for and issuance of certificates of eligibility for expunction.
844	The department shall issue a certificate of eligibility for
845	expunction to a person who is the subject of a criminal history
846	record if that person:
847	(a)  Has obtained, and submitted to the department, a
848	written, certified statement from the appropriate state attorney
849	or statewide prosecutor which indicates:
850	1.  That an indictment, information, or other charging
851	document was not filed or issued in the case.
852	2.  That an indictment, information, or other charging
853	document, if filed or issued in the case, was dismissed or nolle
854	prosequi by the state attorney or statewide prosecutor, or was
855	dismissed by a court of competent jurisdiction.
856	3.  That the criminal history record does not relate to a
857	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
858	s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
859	chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
860	s. 916.1075, or a violation enumerated in s. 907.041, where the
861	defendant was found guilty of, or pled guilty or nolo contendere
862	to any such offense, or that the defendant, as a minor, was
863	found to have committed, or pled guilty or nolo contendere to
864	committing, such an offense as a delinquent act, without regard
865	to whether adjudication was withheld.
866	(b)  Remits a $75 processing fee to the department for
867	placement in the Department of Law Enforcement Operating Trust
868	Fund, unless such fee is waived by the executive director.
869	(c)  Has submitted to the department a certified copy of
870	the disposition of the charge to which the petition to expunge
871	pertains.
872	(d)  Has never, prior to the date on which the application
873	for a certificate of eligibility is filed, been adjudicated
874	guilty of a criminal offense or comparable ordinance violation
875	or adjudicated delinquent for committing a felony or a
876	misdemeanor specified in s. 943.051(3)(b).
877	(e)  Has not been adjudicated guilty of, or adjudicated
878	delinquent for committing, any of the acts stemming from the
879	arrest or alleged criminal activity to which the petition to
880	expunge pertains.
881	(f)  Has never secured a prior sealing or expunction of a
882	criminal history record under this section, former s. 893.14,
883	former s. 901.33, or former s. 943.058.
884	(g)  Is no longer under court supervision applicable to the
885	disposition of the arrest or alleged criminal activity to which
886	the petition to expunge pertains.
887	(h)  Is not required to wait a minimum of 10 years prior to
888	being eligible for an expunction of such records because all
889	charges related to the arrest or criminal activity to which the
890	petition to expunge pertains were dismissed prior to trial,
891	adjudication, or the withholding of adjudication. Otherwise,
892	such criminal history record must be sealed under this section,
893	former s. 893.14, former s. 901.33, or former s. 943.058 for at
894	least 10 years before such record is eligible for expunction.
895	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
896	(a)  In judicial proceedings under this section, a copy of
897	the completed petition to expunge shall be served upon the
898	appropriate state attorney or the statewide prosecutor and upon
899	the arresting agency; however, it is not necessary to make any
900	agency other than the state a party. The appropriate state
901	attorney or the statewide prosecutor and the arresting agency
902	may respond to the court regarding the completed petition to
903	expunge.
904	(b)  If relief is granted by the court, the clerk of the
905	court shall certify copies of the order to the appropriate state
906	attorney or the statewide prosecutor and the arresting agency.
907	The arresting agency is responsible for forwarding the order to
908	any other agency to which the arresting agency disseminated the
909	criminal history record information to which the order pertains.
910	The department shall forward the order to expunge to the Federal
911	Bureau of Investigation. The clerk of the court shall certify a
912	copy of the order to any other agency which the records of the
913	court reflect has received the criminal history record from the
914	court.
915	(c)  For an order to expunge entered by a court prior to
916	July 1, 1992, the department shall notify the appropriate state
917	attorney or statewide prosecutor of an order to expunge which is
918	contrary to law because the person who is the subject of the
919	record has previously been convicted of a crime or comparable
920	ordinance violation or has had a prior criminal history record
921	sealed or expunged. Upon receipt of such notice, the appropriate
922	state attorney or statewide prosecutor shall take action, within
923	60 days, to correct the record and petition the court to void
924	the order to expunge. The department shall seal the record until
925	such time as the order is voided by the court.
926	(d)  On or after July 1, 1992, the department or any other
927	criminal justice agency is not required to act on an order to
928	expunge entered by a court when such order does not comply with
929	the requirements of this section. Upon receipt of such an order,
930	the department must notify the issuing court, the appropriate
931	state attorney or statewide prosecutor, the petitioner or the
932	petitioner's attorney, and the arresting agency of the reason
933	for noncompliance. The appropriate state attorney or statewide
934	prosecutor shall take action within 60 days to correct the
935	record and petition the court to void the order. No cause of
936	action, including contempt of court, shall arise against any
937	criminal justice agency for failure to comply with an order to
938	expunge when the petitioner for such order failed to obtain the
939	certificate of eligibility as required by this section or such
940	order does not otherwise comply with the requirements of this
941	section.
942	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
943	criminal history record of a minor or an adult which is ordered
944	expunged by a court of competent jurisdiction pursuant to this
945	section must be physically destroyed or obliterated by any
946	criminal justice agency having custody of such record; except
947	that any criminal history record in the custody of the
948	department must be retained in all cases. A criminal history
949	record ordered expunged that is retained by the department is
950	confidential and exempt from the provisions of s. 119.07(1) and
951	s. 24(a), Art. I of the State Constitution and not available to
952	any person or entity except upon order of a court of competent
953	jurisdiction. A criminal justice agency may retain a notation
954	indicating compliance with an order to expunge.
955	(a)  The person who is the subject of a criminal history
956	record that is expunged under this section or under other
957	provisions of law, including former s. 893.14, former s. 901.33,
958	and former s. 943.058, may lawfully deny or fail to acknowledge
959	the arrests covered by the expunged record, except when the
960	subject of the record:
961	1.  Is a candidate for employment with a criminal justice
962	agency;
963	2.  Is a defendant in a criminal prosecution;
964	3.  Concurrently or subsequently petitions for relief under
965	this section or s. 943.059;
966	4.  Is a candidate for admission to The Florida Bar;
967	5.  Is seeking to be employed or licensed by or to contract
968	with the Department of Children and Family Services or the
969	Department of Juvenile Justice or to be employed or used by such
970	contractor or licensee in a sensitive position having direct
971	contact with children, the developmentally disabled, the aged,
972	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
973	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
974	409.175(2)(i), s. 415.102(4), s. 916.106(10) and (13), s.
975	985.407, or chapter 400; or
976	6.  Is seeking to be employed or licensed by the Office of
977	Teacher Education, Certification, Staff Development, and
978	Professional Practices of the Department of Education, any
979	district school board, or any local governmental entity that
980	licenses child care facilities.
981	(b)  Subject to the exceptions in paragraph (a), a person
982	who has been granted an expunction under this section, former s.
983	893.14, former s. 901.33, or former s. 943.058 may not be held
984	under any provision of law of this state to commit perjury or to
985	be otherwise liable for giving a false statement by reason of
986	such person's failure to recite or acknowledge an expunged
987	criminal history record.
988	(c)  Information relating to the existence of an expunged
989	criminal history record which is provided in accordance with
990	paragraph (a) is confidential and exempt from the provisions of
991	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
992	except that the department shall disclose the existence of a
993	criminal history record ordered expunged to the entities set
994	forth in subparagraphs (a)1., 4., 5., and 6. for their
995	respective licensing and employment purposes, and to criminal
996	justice agencies for their respective criminal justice purposes.
997	It is unlawful for any employee of an entity set forth in
998	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
999	subparagraph (a)6. to disclose information relating to the
1000	existence of an expunged criminal history record of a person
1001	seeking employment or licensure with such entity or contractor,
1002	except to the person to whom the criminal history record relates
1003	or to persons having direct responsibility for employment or
1004	licensure decisions. Any person who violates this paragraph
1005	commits a misdemeanor of the first degree, punishable as
1006	provided in s. 775.082 or s. 775.083.
1007	(5)  STATUTORY REFERENCES.--Any reference to any other
1008	chapter, section, or subdivision of the Florida Statutes in this
1009	section constitutes a general reference under the doctrine of
1010	incorporation by reference.
1011	Section 10.  Section 943.059, Florida Statutes, is amended
1012	to read:
1013	943.059  Court-ordered sealing of criminal history
1014	records.--The courts of this state shall continue to have
1015	jurisdiction over their own procedures, including the
1016	maintenance, sealing, and correction of judicial records
1017	containing criminal history information to the extent such
1018	procedures are not inconsistent with the conditions,
1019	responsibilities, and duties established by this section. Any
1020	court of competent jurisdiction may order a criminal justice
1021	agency to seal the criminal history record of a minor or an
1022	adult who complies with the requirements of this section. The
1023	court shall not order a criminal justice agency to seal a
1024	criminal history record until the person seeking to seal a
1025	criminal history record has applied for and received a
1026	certificate of eligibility for sealing pursuant to subsection
1027	(2). A criminal history record that relates to a violation of s.
1028	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1029	800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s.
1030	847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, or
1031	a violation enumerated in s. 907.041 may not be sealed, without
1032	regard to whether adjudication was withheld, if the defendant
1033	was found guilty of or pled guilty or nolo contendere to the
1034	offense, or if the defendant, as a minor, was found to have
1035	committed or pled guilty or nolo contendere to committing the
1036	offense as a delinquent act. The court may only order sealing of
1037	a criminal history record pertaining to one arrest or one
1038	incident of alleged criminal activity, except as provided in
1039	this section. The court may, at its sole discretion, order the
1040	sealing of a criminal history record pertaining to more than one
1041	arrest if the additional arrests directly relate to the original
1042	arrest. If the court intends to order the sealing of records
1043	pertaining to such additional arrests, such intent must be
1044	specified in the order. A criminal justice agency may not seal
1045	any record pertaining to such additional arrests if the order to
1046	seal does not articulate the intention of the court to seal
1047	records pertaining to more than one arrest. This section does
1048	not prevent the court from ordering the sealing of only a
1049	portion of a criminal history record pertaining to one arrest or
1050	one incident of alleged criminal activity. Notwithstanding any
1051	law to the contrary, a criminal justice agency may comply with
1052	laws, court orders, and official requests of other jurisdictions
1053	relating to sealing, correction, or confidential handling of
1054	criminal history records or information derived therefrom. This
1055	section does not confer any right to the sealing of any criminal
1056	history record, and any request for sealing a criminal history
1057	record may be denied at the sole discretion of the court.
1058	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1059	petition to a court to seal a criminal history record is
1060	complete only when accompanied by:
1061	(a)  A certificate of eligibility for sealing issued by the
1062	department pursuant to subsection (2).
1063	(b)  The petitioner's sworn statement attesting that the
1064	petitioner:
1065	1.  Has never, prior to the date on which the petition is
1066	filed, been adjudicated guilty of a criminal offense or
1067	comparable ordinance violation or adjudicated delinquent for
1068	committing a felony or a misdemeanor specified in s.
1069	943.051(3)(b).
1070	2.  Has not been adjudicated guilty of or adjudicated
1071	delinquent for committing any of the acts stemming from the
1072	arrest or alleged criminal activity to which the petition to
1073	seal pertains.
1074	3.  Has never secured a prior sealing or expunction of a
1075	criminal history record under this section, former s. 893.14,
1076	former s. 901.33, former s. 943.058, or from any jurisdiction
1077	outside the state.
1078	4.  Is eligible for such a sealing to the best of his or
1079	her knowledge or belief and does not have any other petition to
1080	seal or any petition to expunge pending before any court.
1081
1082	Any person who knowingly provides false information on such
1083	sworn statement to the court commits a felony of the third
1084	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1085	775.084.
1086	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1087	petitioning the court to seal a criminal history record, a
1088	person seeking to seal a criminal history record shall apply to
1089	the department for a certificate of eligibility for sealing. The
1090	department shall, by rule adopted pursuant to chapter 120,
1091	establish procedures pertaining to the application for and
1092	issuance of certificates of eligibility for sealing. The
1093	department shall issue a certificate of eligibility for sealing
1094	to a person who is the subject of a criminal history record
1095	provided that such person:
1096	(a)  Has submitted to the department a certified copy of
1097	the disposition of the charge to which the petition to seal
1098	pertains.
1099	(b)  Remits a $75 processing fee to the department for
1100	placement in the Department of Law Enforcement Operating Trust
1101	Fund, unless such fee is waived by the executive director.
1102	(c)  Has never, prior to the date on which the application
1103	for a certificate of eligibility is filed, been adjudicated
1104	guilty of a criminal offense or comparable ordinance violation
1105	or adjudicated delinquent for committing a felony or a
1106	misdemeanor specified in s. 943.051(3)(b).
1107	(d)  Has not been adjudicated guilty of or adjudicated
1108	delinquent for committing any of the acts stemming from the
1109	arrest or alleged criminal activity to which the petition to
1110	seal pertains.
1111	(e)  Has never secured a prior sealing or expunction of a
1112	criminal history record under this section, former s. 893.14,
1113	former s. 901.33, or former s. 943.058.
1114	(f)  Is no longer under court supervision applicable to the
1115	disposition of the arrest or alleged criminal activity to which
1116	the petition to seal pertains.
1117	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1118	(a)  In judicial proceedings under this section, a copy of
1119	the completed petition to seal shall be served upon the
1120	appropriate state attorney or the statewide prosecutor and upon
1121	the arresting agency; however, it is not necessary to make any
1122	agency other than the state a party. The appropriate state
1123	attorney or the statewide prosecutor and the arresting agency
1124	may respond to the court regarding the completed petition to
1125	seal.
1126	(b)  If relief is granted by the court, the clerk of the
1127	court shall certify copies of the order to the appropriate state
1128	attorney or the statewide prosecutor and to the arresting
1129	agency. The arresting agency is responsible for forwarding the
1130	order to any other agency to which the arresting agency
1131	disseminated the criminal history record information to which
1132	the order pertains. The department shall forward the order to
1133	seal to the Federal Bureau of Investigation. The clerk of the
1134	court shall certify a copy of the order to any other agency
1135	which the records of the court reflect has received the criminal
1136	history record from the court.
1137	(c)  For an order to seal entered by a court prior to July
1138	1, 1992, the department shall notify the appropriate state
1139	attorney or statewide prosecutor of any order to seal which is
1140	contrary to law because the person who is the subject of the
1141	record has previously been convicted of a crime or comparable
1142	ordinance violation or has had a prior criminal history record
1143	sealed or expunged. Upon receipt of such notice, the appropriate
1144	state attorney or statewide prosecutor shall take action, within
1145	60 days, to correct the record and petition the court to void
1146	the order to seal. The department shall seal the record until
1147	such time as the order is voided by the court.
1148	(d)  On or after July 1, 1992, the department or any other
1149	criminal justice agency is not required to act on an order to
1150	seal entered by a court when such order does not comply with the
1151	requirements of this section. Upon receipt of such an order, the
1152	department must notify the issuing court, the appropriate state
1153	attorney or statewide prosecutor, the petitioner or the
1154	petitioner's attorney, and the arresting agency of the reason
1155	for noncompliance. The appropriate state attorney or statewide
1156	prosecutor shall take action within 60 days to correct the
1157	record and petition the court to void the order. No cause of
1158	action, including contempt of court, shall arise against any
1159	criminal justice agency for failure to comply with an order to
1160	seal when the petitioner for such order failed to obtain the
1161	certificate of eligibility as required by this section or when
1162	such order does not comply with the requirements of this
1163	section.
1164	(e)  An order sealing a criminal history record pursuant to
1165	this section does not require that such record be surrendered to
1166	the court, and such record shall continue to be maintained by
1167	the department and other criminal justice agencies.
1168	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1169	history record of a minor or an adult which is ordered sealed by
1170	a court of competent jurisdiction pursuant to this section is
1171	confidential and exempt from the provisions of s. 119.07(1) and
1172	s. 24(a), Art. I of the State Constitution and is available only
1173	to the person who is the subject of the record, to the subject's
1174	attorney, to criminal justice agencies for their respective
1175	criminal justice purposes, or to those entities set forth in
1176	subparagraphs (a)1., 4., 5., and 6. for their respective
1177	licensing and employment purposes.
1178	(a)  The subject of a criminal history record sealed under
1179	this section or under other provisions of law, including former
1180	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1181	deny or fail to acknowledge the arrests covered by the sealed
1182	record, except when the subject of the record:
1183	1.  Is a candidate for employment with a criminal justice
1184	agency;
1185	2.  Is a defendant in a criminal prosecution;
1186	3.  Concurrently or subsequently petitions for relief under
1187	this section or s. 943.0585;
1188	4.  Is a candidate for admission to The Florida Bar;
1189	5.  Is seeking to be employed or licensed by or to contract
1190	with the Department of Children and Family Services or the
1191	Department of Juvenile Justice or to be employed or used by such
1192	contractor or licensee in a sensitive position having direct
1193	contact with children, the developmentally disabled, the aged,
1194	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1195	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1196	409.175(2)(i), s. 415.102(4), s. 415.103, s. 916.106(10) and
1197	(13), s. 985.407, or chapter 400; or
1198	6.  Is seeking to be employed or licensed by the Office of
1199	Teacher Education, Certification, Staff Development, and
1200	Professional Practices of the Department of Education, any
1201	district school board, or any local governmental entity which
1202	licenses child care facilities.
1203	(b)  Subject to the exceptions in paragraph (a), a person
1204	who has been granted a sealing under this section, former s.
1205	893.14, former s. 901.33, or former s. 943.058 may not be held
1206	under any provision of law of this state to commit perjury or to
1207	be otherwise liable for giving a false statement by reason of
1208	such person's failure to recite or acknowledge a sealed criminal
1209	history record.
1210	(c)  Information relating to the existence of a sealed
1211	criminal record provided in accordance with the provisions of
1212	paragraph (a) is confidential and exempt from the provisions of
1213	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1214	except that the department shall disclose the sealed criminal
1215	history record to the entities set forth in subparagraphs (a)1.,
1216	4., 5., and 6. for their respective licensing and employment
1217	purposes. It is unlawful for any employee of an entity set forth
1218	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1219	or subparagraph (a)6. to disclose information relating to the
1220	existence of a sealed criminal history record of a person
1221	seeking employment or licensure with such entity or contractor,
1222	except to the person to whom the criminal history record relates
1223	or to persons having direct responsibility for employment or
1224	licensure decisions. Any person who violates the provisions of
1225	this paragraph commits a misdemeanor of the first degree,
1226	punishable as provided in s. 775.082 or s. 775.083.
1227	(5)  STATUTORY REFERENCES.--Any reference to any other
1228	chapter, section, or subdivision of the Florida Statutes in this
1229	section constitutes a general reference under the doctrine of
1230	incorporation by reference.
1231	Section 11.  Paragraph (a) of subsection (2) of section
1232	400.215, Florida Statutes, is amended, and paragraphs (b) and
1233	(c) of subsection (2) and subsection (3) of said section are
1234	reenacted for the purpose of incorporating the amendments to
1235	sections 435.03 and 435.04, Florida Statutes, in references
1236	thereto, to read:
1237	400.215  Personnel screening requirement.--
1238	(2)  Employers and employees shall comply with the
1239	requirements of s. 435.05.
1240	(a)  Notwithstanding the provisions of s. 435.05(1),
1241	facilities must have in their possession evidence that level 1
1242	screening has been completed before allowing an employee to
1243	begin working with patients as provided in subsection (1). All
1244	information necessary for conducting background screening using
1245	level 1 standards as specified in s. 435.03(1) shall be
1246	submitted by the nursing facility to the agency. Results of the
1247	background screening shall be provided by the agency to the
1248	requesting nursing facility.
1249	(b)  Employees qualified under the provisions of paragraph
1250	(a) who have not maintained continuous residency within the
1251	state for the 5 years immediately preceding the date of request
1252	for background screening must complete level 2 screening, as
1253	provided in chapter 435. Such employees may work in a
1254	conditional status up to 180 days pending the receipt of written
1255	findings evidencing the completion of level 2 screening. Level 2
1256	screening shall not be required of employees or prospective
1257	employees who attest in writing under penalty of perjury that
1258	they meet the residency requirement. Completion of level 2
1259	screening shall require the employee or prospective employee to
1260	furnish to the nursing facility a full set of fingerprints to
1261	enable a criminal background investigation to be conducted. The
1262	nursing facility shall submit the completed fingerprint card to
1263	the agency. The agency shall establish a record of the request
1264	in the database provided for in paragraph (c) and forward the
1265	request to the Department of Law Enforcement, which is
1266	authorized to submit the fingerprints to the Federal Bureau of
1267	Investigation for a national criminal history records check. The
1268	results of the national criminal history records check shall be
1269	returned to the agency, which shall maintain the results in the
1270	database provided for in paragraph (c). The agency shall notify
1271	the administrator of the requesting nursing facility or the
1272	administrator of any other facility licensed under chapter 393,
1273	chapter 394, chapter 395, chapter 397, or this chapter, as
1274	requested by such facility, as to whether or not the employee
1275	has qualified under level 1 or level 2 screening. An employee or
1276	prospective employee who has qualified under level 2 screening
1277	and has maintained such continuous residency within the state
1278	shall not be required to complete a subsequent level 2 screening
1279	as a condition of employment at another facility.
1280	(c)  The agency shall establish and maintain a database of
1281	background screening information which shall include the results
1282	of both level 1 and level 2 screening. The Department of Law
1283	Enforcement shall timely provide to the agency, electronically,
1284	the results of each statewide screening for incorporation into
1285	the database. The agency shall, upon request from any facility,
1286	agency, or program required by or authorized by law to screen
1287	its employees or applicants, notify the administrator of the
1288	facility, agency, or program of the qualifying or disqualifying
1289	status of the employee or applicant named in the request.
1290	(3)  The applicant is responsible for paying the fees
1291	associated with obtaining the required screening. Payment for
1292	the screening shall be submitted to the agency. The agency shall
1293	establish a schedule of fees to cover the costs of level 1 and
1294	level 2 screening. Facilities may reimburse employees for these
1295	costs. The Department of Law Enforcement shall charge the agency
1296	for a level 1 or level 2 screening a rate sufficient to cover
1297	the costs of such screening pursuant to s. 943.053(3). The
1298	agency shall, as allowable, reimburse nursing facilities for the
1299	cost of conducting background screening as required by this
1300	section. This reimbursement will not be subject to any rate
1301	ceilings or payment targets in the Medicaid Reimbursement plan.
1302	Section 12.  For the purpose of incorporating the
1303	amendments to sections 435.03 and 435.04, Florida Statutes, in
1304	references thereto, subsections (1) and (2) of section 400.964,
1305	Florida Statutes, are reenacted, and subsection (7) of said
1306	section is amended and reenacted, to read:
1307	400.964  Personnel screening requirement.--
1308	(1)  The agency shall require level 2 background screening
1309	as provided in chapter 435 for all employees or prospective
1310	employees of facilities licensed under this part who are
1311	expected to be, or whose responsibilities are such that they
1312	would be considered to be, a direct service provider.
1313	(2)  Employers and employees shall comply with the
1314	requirements of chapter 435.
1315	(7)  All employees must comply with the requirements of
1316	this section by October 1, 2000. A person employed by a facility
1317	licensed pursuant to this part as of the effective date of this
1318	act is not required to submit to rescreening if the facility has
1319	in its possession written evidence that the person has been
1320	screened and qualified according to level 1 standards as
1321	specified in s. 435.03(1). Any current employee who meets the
1322	level 1 requirement but does not meet the 5-year residency
1323	requirement must provide to the employing facility written
1324	attestation under penalty of perjury that the employee has not
1325	been convicted of a disqualifying offense in another state or
1326	jurisdiction. All applicants hired on or after October 1, 1999,
1327	must comply with the requirements of this section.
1328	Section 13.  For the purpose of incorporating the amendment
1329	to section 435.04, Florida Statutes, in a reference thereto,
1330	paragraph (a) of subsection (1) of section 435.045, Florida
1331	Statutes, is amended and reenacted to read:
1332	435.045  Requirements for placement of dependent
1333	children.--
1334	(1)(a)  Unless an election provided for in subsection (2)
1335	is made with respect to the state, the department is authorized
1336	to conduct criminal records checks equivalent to the level 2
1337	screening required in s. 435.04(1) for any person being
1338	considered by the department for placement of a child subject to
1339	a placement decision pursuant to chapter 39. Approval shall not
1340	be granted:
1341	1.  In any case in which a record check reveals a felony
1342	conviction for child abuse, abandonment, or neglect; for spousal
1343	abuse; for a crime against children, including child
1344	pornography, or for a crime involving violence, including rape,
1345	sexual assault, or homicide but not including other physical
1346	assault or battery, if the department finds that a court of
1347	competent jurisdiction has determined that the felony was
1348	committed at any time; and
1349	2.  In any case in which a record check reveals a felony
1350	conviction for physical assault, battery, or a drug-related
1351	offense, if the department finds that a court of competent
1352	jurisdiction has determined that the felony was committed within
1353	the past 5 years.
1354	Section 14.  For the purpose of incorporating the
1355	amendments to sections 435.03 and 435.04, Florida Statutes, in
1356	references thereto, paragraphs (f) and (g) of subsection (1) of
1357	section 400.414, Florida Statutes, are reenacted to read:
1358	400.414  Denial, revocation, or suspension of license;
1359	imposition of administrative fine; grounds.--
1360	(1)  The agency may deny, revoke, or suspend any license
1361	issued under this part, or impose an administrative fine in the
1362	manner provided in chapter 120, for any of the following actions
1363	by an assisted living facility, for the actions of any person
1364	subject to level 2 background screening under s. 400.4174, or
1365	for the actions of any facility employee:
1366	(f)  A determination that a person subject to level 2
1367	background screening under s. 400.4174(1) does not meet the
1368	screening standards of s. 435.04 or that the facility is
1369	retaining an employee subject to level 1 background screening
1370	standards under s. 400.4174(2) who does not meet the screening
1371	standards of s. 435.03 and for whom exemptions from
1372	disqualification have not been provided by the agency.
1373	(g)  A determination that an employee, volunteer,
1374	administrator, or owner, or person who otherwise has access to
1375	the residents of a facility does not meet the criteria specified
1376	in s. 435.03(2), and the owner or administrator has not taken
1377	action to remove the person. Exemptions from disqualification
1378	may be granted as set forth in s. 435.07. No administrative
1379	action may be taken against the facility if the person is
1380	granted an exemption.
1381
1382	Administrative proceedings challenging agency action under this
1383	subsection shall be reviewed on the basis of the facts and
1384	conditions that resulted in the agency action.
1385	Section 15.  For the purpose of incorporating the
1386	amendments to sections 435.03 and 435.04, Florida Statutes, in
1387	references thereto, section 400.4174, Florida Statutes, is
1388	reenacted to read:
1389	400.4174  Background screening; exemptions.--
1390	(1)(a)  Level 2 background screening must be conducted on
1391	each of the following persons, who shall be considered employees
1392	for the purposes of conducting screening under chapter 435:
1393	1.  The facility owner if an individual, the administrator,
1394	and the financial officer.
1395	2.  An officer or board member if the facility owner is a
1396	firm, corporation, partnership, or association, or any person
1397	owning 5 percent or more of the facility if the agency has
1398	probable cause to believe that such person has been convicted of
1399	any offense prohibited by s. 435.04. For each officer, board
1400	member, or person owning 5 percent or more who has been
1401	convicted of any such offense, the facility shall submit to the
1402	agency a description and explanation of the conviction at the
1403	time of license application. This subparagraph does not apply to
1404	a board member of a not-for-profit corporation or organization
1405	if the board member serves solely in a voluntary capacity, does
1406	not regularly take part in the day-to-day operational decisions
1407	of the corporation or organization, receives no remuneration for
1408	his or her services, and has no financial interest and has no
1409	family members with a financial interest in the corporation or
1410	organization, provided that the board member and facility submit
1411	a statement affirming that the board member's relationship to
1412	the facility satisfies the requirements of this subparagraph.
1413	(b)  Proof of compliance with level 2 screening standards
1414	which has been submitted within the previous 5 years to meet any
1415	facility or professional licensure requirements of the agency or
1416	the Department of Health satisfies the requirements of this
1417	subsection, provided that such proof is accompanied, under
1418	penalty of perjury, by an affidavit of compliance with the
1419	provisions of chapter 435. Proof of compliance with the
1420	background screening requirements of the Financial Services
1421	Commission and the Office of Insurance Regulation for applicants
1422	for a certificate of authority to operate a continuing care
1423	retirement community under chapter 651, submitted within the
1424	last 5 years, satisfies the Department of Law Enforcement and
1425	Federal Bureau of Investigation portions of a level 2 background
1426	check.
1427	(c)  The agency may grant a provisional license to a
1428	facility applying for an initial license when each individual
1429	required by this subsection to undergo screening has completed
1430	the Department of Law Enforcement background checks, but has not
1431	yet received results from the Federal Bureau of Investigation,
1432	or when a request for an exemption from disqualification has
1433	been submitted to the agency pursuant to s. 435.07, but a
1434	response has not been issued.
1435	(2)  The owner or administrator of an assisted living
1436	facility must conduct level 1 background screening, as set forth
1437	in chapter 435, on all employees hired on or after October 1,
1438	1998, who perform personal services as defined in s.
1439	400.402(17). The agency may exempt an individual from employment
1440	disqualification as set forth in chapter 435. Such persons shall
1441	be considered as having met this requirement if:
1442	(a)  Proof of compliance with level 1 screening
1443	requirements obtained to meet any professional license
1444	requirements in this state is provided and accompanied, under
1445	penalty of perjury, by a copy of the person's current
1446	professional license and an affidavit of current compliance with
1447	the background screening requirements.
1448	(b)  The person required to be screened has been
1449	continuously employed in the same type of occupation for which
1450	the person is seeking employment without a breach in service
1451	which exceeds 180 days, and proof of compliance with the level 1
1452	screening requirement which is no more than 2 years old is
1453	provided. Proof of compliance shall be provided directly from
1454	one employer or contractor to another, and not from the person
1455	screened. Upon request, a copy of screening results shall be
1456	provided by the employer retaining documentation of the
1457	screening to the person screened.
1458	(c)  The person required to be screened is employed by a
1459	corporation or business entity or related corporation or
1460	business entity that owns, operates, or manages more than one
1461	facility or agency licensed under this chapter, and for whom a
1462	level 1 screening was conducted by the corporation or business
1463	entity as a condition of initial or continued employment.
1464	Section 16.  For the purpose of incorporating the
1465	amendments to sections 435.03 and 435.04, Florida Statutes, in
1466	references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1467	of subsection (4) of section 400.509, Florida Statutes, are
1468	reenacted to read:
1469	400.509  Registration of particular service providers
1470	exempt from licensure; certificate of registration; regulation
1471	of registrants.--
1472	(4)  Each applicant for registration must comply with the
1473	following requirements:
1474	(a)  Upon receipt of a completed, signed, and dated
1475	application, the agency shall require background screening, in
1476	accordance with the level 1 standards for screening set forth in
1477	chapter 435, of every individual who will have contact with the
1478	client. The agency shall require background screening of the
1479	managing employee or other similarly titled individual who is
1480	responsible for the operation of the entity, and of the
1481	financial officer or other similarly titled individual who is
1482	responsible for the financial operation of the entity, including
1483	billings for client services in accordance with the level 2
1484	standards for background screening as set forth in chapter 435.
1485	(b)  The agency may require background screening of any
1486	other individual who is affiliated with the applicant if the
1487	agency has a reasonable basis for believing that he or she has
1488	been convicted of a crime or has committed any other offense
1489	prohibited under the level 2 standards for screening set forth
1490	in chapter 435.
1491	(c)  Proof of compliance with the level 2 background
1492	screening requirements of chapter 435 which has been submitted
1493	within the previous 5 years in compliance with any other health
1494	care or assisted living licensure requirements of this state is
1495	acceptable in fulfillment of paragraph (a).
1496	(d)  A provisional registration may be granted to an
1497	applicant when each individual required by this section to
1498	undergo background screening has met the standards for the
1499	abuse-registry background check through the agency and the
1500	Department of Law Enforcement background check, but the agency
1501	has not yet received background screening results from the
1502	Federal Bureau of Investigation. A standard registration may be
1503	granted to the applicant upon the agency's receipt of a report
1504	of the results of the Federal Bureau of Investigation background
1505	screening for each individual required by this section to
1506	undergo background screening which confirms that all standards
1507	have been met, or upon the granting of a disqualification
1508	exemption by the agency as set forth in chapter 435. Any other
1509	person who is required to undergo level 2 background screening
1510	may serve in his or her capacity pending the agency's receipt of
1511	the report from the Federal Bureau of Investigation. However,
1512	the person may not continue to serve if the report indicates any
1513	violation of background screening standards and if a
1514	disqualification exemption has not been requested of and granted
1515	by the agency as set forth in chapter 435.
1516	(f)  Each applicant must submit to the agency a description
1517	and explanation of any conviction of an offense prohibited under
1518	the level 2 standards of chapter 435 which was committed by a
1519	member of the board of directors of the applicant, its officers,
1520	or any individual owning 5 percent or more of the applicant.
1521	This requirement does not apply to a director of a not-for-
1522	profit corporation or organization who serves solely in a
1523	voluntary capacity for the corporation or organization, does not
1524	regularly take part in the day-to-day operational decisions of
1525	the corporation or organization, receives no remuneration for
1526	his or her services on the corporation's or organization's board
1527	of directors, and has no financial interest and no family
1528	members having a financial interest in the corporation or
1529	organization, if the director and the not-for-profit corporation
1530	or organization include in the application a statement affirming
1531	that the director's relationship to the corporation satisfies
1532	the requirements of this paragraph.
1533	(g)  A registration may not be granted to an applicant if
1534	the applicant or managing employee has been found guilty of,
1535	regardless of adjudication, or has entered a plea of nolo
1536	contendere or guilty to, any offense prohibited under the level
1537	2 standards for screening set forth in chapter 435, unless an
1538	exemption from disqualification has been granted by the agency
1539	as set forth in chapter 435.
1540	Section 17.  For the purpose of incorporating the
1541	amendments to sections 435.03 and 435.04, Florida Statutes, in
1542	references thereto, paragraph (c) of subsection (2) of section
1543	400.556, Florida Statutes, is reenacted to read:
1544	400.556  Denial, suspension, revocation of license;
1545	administrative fines; investigations and inspections.--
1546	(2)  Each of the following actions by the owner of an adult
1547	day care center or by its operator or employee is a ground for
1548	action by the agency against the owner of the center or its
1549	operator or employee:
1550	(c)  A failure of persons subject to level 2 background
1551	screening under s. 400.4174(1) to meet the screening standards
1552	of s. 435.04, or the retention by the center of an employee
1553	subject to level 1 background screening standards under s.
1554	400.4174(2) who does not meet the screening standards of s.
1555	435.03 and for whom exemptions from disqualification have not
1556	been provided by the agency.
1557	Section 18.  For the purpose of incorporating the
1558	amendments to sections 435.03 and 435.04, Florida Statutes, in
1559	references thereto, subsections (1), (2), and (4) of section
1560	400.6065, Florida Statutes, are reenacted to read:
1561	400.6065  Background screening.--
1562	(1)  Upon receipt of a completed application under s.
1563	400.606, the agency shall require level 2 background screening
1564	on each of the following persons, who shall be considered
1565	employees for the purposes of conducting screening under chapter
1566	435:
1567	(a)  The hospice administrator and financial officer.
1568	(b)  An officer or board member if the hospice is a firm,
1569	corporation, partnership, or association, or any person owning 5
1570	percent or more of the hospice if the agency has probable cause
1571	to believe that such officer, board member, or owner has been
1572	convicted of any offense prohibited by s. 435.04. For each
1573	officer, board member, or person owning 5 percent or more who
1574	has been convicted of any such offense, the hospice shall submit
1575	to the agency a description and explanation of the conviction at
1576	the time of license application. This paragraph does not apply
1577	to a board member of a not-for-profit corporation or
1578	organization if the board member serves solely in a voluntary
1579	capacity, does not regularly take part in the day-to-day
1580	operational decisions of the corporation or organization,
1581	receives no remuneration for his or her services, and has no
1582	financial interest and has no family members with a financial
1583	interest in the corporation or organization, provided that the
1584	board member and the corporation or organization submit a
1585	statement affirming that the board member's relationship to the
1586	corporation or organization satisfies the requirements of this
1587	paragraph.
1588	(2)  Proof of compliance with level 2 screening standards
1589	which has been submitted within the previous 5 years to meet any
1590	facility or professional licensure requirements of the agency or
1591	the Department of Health satisfies the requirements of this
1592	section.
1593	(4)  The agency shall require employment or contractor
1594	screening as provided in chapter 435, using the level 1
1595	standards for screening set forth in that chapter, for hospice
1596	personnel.
1597	Section 19.  For the purpose of incorporating the
1598	amendments to sections 435.03 and 435.04, Florida Statutes, in
1599	references thereto, paragraphs (a), (b), (c), (d), (f), and (g)
1600	of subsection (4) of section 400.980, Florida Statutes, are
1601	reenacted to read:
1602	400.980  Health care services pools.--
1603	(4)  Each applicant for registration must comply with the
1604	following requirements:
1605	(a)  Upon receipt of a completed, signed, and dated
1606	application, the agency shall require background screening, in
1607	accordance with the level 1 standards for screening set forth in
1608	chapter 435, of every individual who will have contact with
1609	patients. The agency shall require background screening of the
1610	managing employee or other similarly titled individual who is
1611	responsible for the operation of the entity, and of the
1612	financial officer or other similarly titled individual who is
1613	responsible for the financial operation of the entity, including
1614	billings for services in accordance with the level 2 standards
1615	for background screening as set forth in chapter 435.
1616	(b)  The agency may require background screening of any
1617	other individual who is affiliated with the applicant if the
1618	agency has a reasonable basis for believing that he or she has
1619	been convicted of a crime or has committed any other offense
1620	prohibited under the level 2 standards for screening set forth
1621	in chapter 435.
1622	(c)  Proof of compliance with the level 2 background
1623	screening requirements of chapter 435 which has been submitted
1624	within the previous 5 years in compliance with any other health
1625	care or assisted living licensure requirements of this state is
1626	acceptable in fulfillment of paragraph (a).
1627	(d)  A provisional registration may be granted to an
1628	applicant when each individual required by this section to
1629	undergo background screening has met the standards for the
1630	Department of Law Enforcement background check but the agency
1631	has not yet received background screening results from the
1632	Federal Bureau of Investigation. A standard registration may be
1633	granted to the applicant upon the agency's receipt of a report
1634	of the results of the Federal Bureau of Investigation background
1635	screening for each individual required by this section to
1636	undergo background screening which confirms that all standards
1637	have been met, or upon the granting of a disqualification
1638	exemption by the agency as set forth in chapter 435. Any other
1639	person who is required to undergo level 2 background screening
1640	may serve in his or her capacity pending the agency's receipt of
1641	the report from the Federal Bureau of Investigation. However,
1642	the person may not continue to serve if the report indicates any
1643	violation of background screening standards and if a
1644	disqualification exemption has not been requested of and granted
1645	by the agency as set forth in chapter 435.
1646	(f)  Each applicant must submit to the agency a description
1647	and explanation of any conviction of an offense prohibited under
1648	the level 2 standards of chapter 435 which was committed by a
1649	member of the board of directors of the applicant, its officers,
1650	or any individual owning 5 percent or more of the applicant.
1651	This requirement does not apply to a director of a not-for-
1652	profit corporation or organization who serves solely in a
1653	voluntary capacity for the corporation or organization, does not
1654	regularly take part in the day-to-day operational decisions of
1655	the corporation or organization, receives no remuneration for
1656	his or her services on the corporation's or organization's board
1657	of directors, and has no financial interest and no family
1658	members having a financial interest in the corporation or
1659	organization, if the director and the not-for-profit corporation
1660	or organization include in the application a statement affirming
1661	that the director's relationship to the corporation satisfies
1662	the requirements of this paragraph.
1663	(g)  A registration may not be granted to an applicant if
1664	the applicant or managing employee has been found guilty of,
1665	regardless of adjudication, or has entered a plea of nolo
1666	contendere or guilty to, any offense prohibited under the level
1667	2 standards for screening set forth in chapter 435, unless an
1668	exemption from disqualification has been granted by the agency
1669	as set forth in chapter 435.
1670	Section 20.  For the purpose of incorporating the
1671	amendments to sections 435.03 and 435.04, Florida Statutes, in
1672	references thereto, paragraph (k) of subsection (2) of section
1673	409.175, Florida Statutes, is reenacted to read:
1674	409.175  Licensure of family foster homes, residential
1675	child-caring agencies, and child-placing agencies; public
1676	records exemption.--
1677	(2)  As used in this section, the term:
1678	(k)  "Screening" means the act of assessing the background
1679	of personnel and includes, but is not limited to, employment
1680	history checks as provided in chapter 435, using the level 2
1681	standards for screening set forth in that chapter. Screening for
1682	employees and volunteers in summer day camps and summer 24-hour
1683	camps and screening for all volunteers included under the
1684	definition of "personnel" shall be conducted as provided in
1685	chapter 435, using the level 1 standards set forth in that
1686	chapter.
1687	Section 21.  For the purpose of incorporating the
1688	amendments to sections 435.03 and 435.04, Florida Statutes, in
1689	references thereto, paragraph (d) of subsection (8) of section
1690	409.907, Florida Statutes, is reenacted to read:
1691	409.907  Medicaid provider agreements.--The agency may make
1692	payments for medical assistance and related services rendered to
1693	Medicaid recipients only to an individual or entity who has a
1694	provider agreement in effect with the agency, who is performing
1695	services or supplying goods in accordance with federal, state,
1696	and local law, and who agrees that no person shall, on the
1697	grounds of handicap, race, color, or national origin, or for any
1698	other reason, be subjected to discrimination under any program
1699	or activity for which the provider receives payment from the
1700	agency.
1701	(8)
1702	(d)  Proof of compliance with the requirements of level 2
1703	screening under s. 435.04 conducted within 12 months prior to
1704	the date that the Medicaid provider application is submitted to
1705	the agency shall fulfill the requirements of this subsection.
1706	Proof of compliance with the requirements of level 1 screening
1707	under s. 435.03 conducted within 12 months prior to the date
1708	that the Medicaid provider application is submitted to the
1709	agency shall meet the requirement that the Department of Law
1710	Enforcement conduct a state criminal history record check.
1711	Section 22.  For the purpose of incorporating the
1712	amendments to sections 435.03 and 435.04, Florida Statutes, in
1713	references thereto, subsections (1) and (3) of section 435.05,
1714	Florida Statutes, are reenacted to read:
1715	435.05  Requirements for covered employees.--Except as
1716	otherwise provided by law, the following requirements shall
1717	apply to covered employees:
1718	(1)(a)  Every person employed in a position for which
1719	employment screening is required must, within 5 working days
1720	after starting to work, submit to the employer a complete set of
1721	information necessary to conduct a screening under this section.
1722	(b)  For level 1 screening, the employer must submit the
1723	information necessary for screening to the Florida Department of
1724	Law Enforcement within 5 working days after receiving it. The
1725	Florida Department of Law Enforcement will conduct a search of
1726	its records and will respond to the employer agency. The
1727	employer will inform the employee whether screening has revealed
1728	any disqualifying information.
1729	(c)  For level 2 screening, the employer or licensing
1730	agency must submit the information necessary for screening to
1731	the Florida Department of Law Enforcement within 5 working days
1732	after receiving it. The Florida Department of Law Enforcement
1733	will conduct a search of its criminal and juvenile records and
1734	will request that the Federal Bureau of Investigation conduct a
1735	search of its records for each employee for whom the request is
1736	made. The Florida Department of Law Enforcement will respond to
1737	the employer or licensing agency, and the employer or licensing
1738	agency will inform the employee whether screening has revealed
1739	disqualifying information.
1740	(d)  The person whose background is being checked must
1741	supply any missing criminal or other necessary information to
1742	the employer within 30 days after the employer makes a request
1743	for the information or be subject to automatic disqualification.
1744	(3)  Each employer required to conduct level 2 background
1745	screening must sign an affidavit annually, under penalty of
1746	perjury, stating that all covered employees have been screened
1747	or are newly hired and are awaiting the results of the required
1748	screening checks.
1749	Section 23.  For the purpose of incorporating the
1750	amendments to sections 435.03 and 435.04, Florida Statutes, in
1751	references thereto, section 744.3135, Florida Statutes, as
1752	amended by chapter 2003-402, Laws of Florida, is reenacted to
1753	read:
1754	744.3135  Credit and criminal investigation.-The court may
1755	require a nonprofessional guardian and shall require a
1756	professional or public guardian, and all employees of a
1757	professional guardian who have a fiduciary responsibility to a
1758	ward, to submit, at their own expense, to an investigation of
1759	the guardian's credit history and to undergo level 2 background
1760	screening as required under s. 435.04. The clerk of the court
1761	shall obtain fingerprint cards from the Federal Bureau of
1762	Investigation and make them available to guardians. Any guardian
1763	who is so required shall have his or her fingerprints taken and
1764	forward the proper fingerprint card along with the necessary fee
1765	to the Florida Department of Law Enforcement for processing. The
1766	professional guardian shall pay to the clerk of the court a fee
1767	of up to $7.50 for handling and processing professional guardian
1768	files. The results of the fingerprint checks shall be forwarded
1769	to the clerk of court who shall maintain the results in a
1770	guardian file and shall make the results available to the court.
1771	If credit or criminal investigations are required, the court
1772	must consider the results of the investigations in appointing a
1773	guardian. Professional guardians and all employees of a
1774	professional guardian who have a fiduciary responsibility to a
1775	ward, so appointed, must resubmit, at their own expense, to an
1776	investigation of credit history, and undergo level 1 background
1777	screening as required under s. 435.03, at least every 2 years
1778	after the date of their appointment. At any time, the court may
1779	require guardians or their employees to submit to an
1780	investigation of credit history and undergo level 1 background
1781	screening as required under s. 435.03. The court must consider
1782	the results of these investigations in reappointing a guardian.
1783	This section shall not apply to a professional guardian, or to
1784	the employees of a professional guardian, that is a trust
1785	company, a state banking corporation or state savings
1786	association authorized and qualified to exercise fiduciary
1787	powers in this state, or a national banking association or
1788	federal savings and loan association authorized and qualified to
1789	exercise fiduciary powers in this state.
1790	Section 24.  For the purpose of incorporating the
1791	amendments to sections 435.03 and 435.04, Florida Statutes, in
1792	references thereto, subsection (2) of section 985.04, Florida
1793	Statutes, is reenacted to read:
1794	985.04  Oaths; records; confidential information.--
1795	(2)  Records maintained by the Department of Juvenile
1796	Justice, including copies of records maintained by the court,
1797	which pertain to a child found to have committed a delinquent
1798	act which, if committed by an adult, would be a crime specified
1799	in ss. 435.03 and 435.04 may not be destroyed pursuant to this
1800	section for a period of 25 years after the youth's final
1801	referral to the department, except in cases of the death of the
1802	child. Such records, however, shall be sealed by the court for
1803	use only in meeting the screening requirements for personnel in
1804	s. 402.3055 and the other sections cited above, or pursuant to
1805	departmental rule; however, current criminal history information
1806	must be obtained from the Department of Law Enforcement in
1807	accordance with s. 943.053. The information shall be released to
1808	those persons specified in the above cited sections for the
1809	purposes of complying with those sections. The court may punish
1810	by contempt any person who releases or uses the records for any
1811	unauthorized purpose.
1812	Section 25.  For the purpose of incorporating the amendment
1813	to section 435.03, Florida Statutes, in references thereto,
1814	section 400.512, Florida Statutes, is reenacted to read:
1815	400.512  Screening of home health agency personnel; nurse
1816	registry personnel; and companions and homemakers.--The agency
1817	shall require employment or contractor screening as provided in
1818	chapter 435, using the level 1 standards for screening set forth
1819	in that chapter, for home health agency personnel; persons
1820	referred for employment by nurse registries; and persons
1821	employed by companion or homemaker services registered under s.
1822	400.509.
1823	(1)(a)  The Agency for Health Care Administration may, upon
1824	request, grant exemptions from disqualification from employment
1825	or contracting under this section as provided in s. 435.07,
1826	except for health care practitioners licensed by the Department
1827	of Health or a regulatory board within that department.
1828	(b)  The appropriate regulatory board within the Department
1829	of Health, or that department itself when there is no board,
1830	may, upon request of the licensed health care practitioner,
1831	grant exemptions from disqualification from employment or
1832	contracting under this section as provided in s. 435.07.
1833	(2)  The administrator of each home health agency, the
1834	managing employee of each nurse registry, and the managing
1835	employee of each companion or homemaker service registered under
1836	s. 400.509 must sign an affidavit annually, under penalty of
1837	perjury, stating that all personnel hired, contracted with, or
1838	registered on or after October 1, 1994, who enter the home of a
1839	patient or client in their service capacity have been screened
1840	and that its remaining personnel have worked for the home health
1841	agency or registrant continuously since before October 1, 1994.
1842	(3)  As a prerequisite to operating as a home health
1843	agency, nurse registry, or companion or homemaker service under
1844	s. 400.509, the administrator or managing employee,
1845	respectively, must submit to the agency his or her name and any
1846	other information necessary to conduct a complete screening
1847	according to this section. The agency shall submit the
1848	information to the Department of Law Enforcement for state
1849	processing. The agency shall review the record of the
1850	administrator or manager with respect to the offenses specified
1851	in this section and shall notify the owner of its findings. If
1852	disposition information is missing on a criminal record, the
1853	administrator or manager, upon request of the agency, must
1854	obtain and supply within 30 days the missing disposition
1855	information to the agency. Failure to supply missing information
1856	within 30 days or to show reasonable efforts to obtain such
1857	information will result in automatic disqualification.
1858	(4)  Proof of compliance with the screening requirements of
1859	chapter 435 shall be accepted in lieu of the requirements of
1860	this section if the person has been continuously employed or
1861	registered without a breach in service that exceeds 180 days,
1862	the proof of compliance is not more than 2 years old, and the
1863	person has been screened by the Department of Law Enforcement. A
1864	home health agency, nurse registry, or companion or homemaker
1865	service registered under s. 400.509 shall directly provide proof
1866	of compliance to another home health agency, nurse registry, or
1867	companion or homemaker service registered under s. 400.509. The
1868	recipient home health agency, nurse registry, or companion or
1869	homemaker service registered under s. 400.509 may not accept any
1870	proof of compliance directly from the person who requires
1871	screening. Proof of compliance with the screening requirements
1872	of this section shall be provided upon request to the person
1873	screened by the home health agencies; nurse registries; or
1874	companion or homemaker services registered under s. 400.509.
1875	(5)  There is no monetary liability on the part of, and no
1876	cause of action for damages arises against, a licensed home
1877	health agency, licensed nurse registry, or companion or
1878	homemaker service registered under s. 400.509, that, upon notice
1879	that the employee or contractor has been found guilty of,
1880	regardless of adjudication, or entered a plea of nolo contendere
1881	or guilty to, any offense prohibited under s. 435.03 or under
1882	any similar statute of another jurisdiction, terminates the
1883	employee or contractor, whether or not the employee or
1884	contractor has filed for an exemption with the agency in
1885	accordance with chapter 435 and whether or not the time for
1886	filing has expired.
1887	(6)  The costs of processing the statewide correspondence
1888	criminal records checks must be borne by the home health agency;
1889	the nurse registry; or the companion or homemaker service
1890	registered under s. 400.509, or by the person being screened, at
1891	the discretion of the home health agency, nurse registry, or s.
1892	400.509 registrant.
1893	(7)(a)  It is a misdemeanor of the first degree, punishable
1894	under s. 775.082 or s. 775.083, for any person willfully,
1895	knowingly, or intentionally to:
1896	1.  Fail, by false statement, misrepresentation,
1897	impersonation, or other fraudulent means, to disclose in any
1898	application for voluntary or paid employment a material fact
1899	used in making a determination as to such person's
1900	qualifications to be an employee under this section;
1901	2.  Operate or attempt to operate an entity licensed or
1902	registered under this part with persons who do not meet the
1903	minimum standards for good moral character as contained in this
1904	section; or
1905	3.  Use information from the criminal records obtained
1906	under this section for any purpose other than screening that
1907	person for employment as specified in this section or release
1908	such information to any other person for any purpose other than
1909	screening for employment under this section.
1910	(b)  It is a felony of the third degree, punishable under
1911	s. 775.082, s. 775.083, or s. 775.084, for any person willfully,
1912	knowingly, or intentionally to use information from the juvenile
1913	records of a person obtained under this section for any purpose
1914	other than screening for employment under this section.
1915	Section 26.  For the purpose of incorporating the amendment
1916	to section 435.03, Florida Statutes, in references thereto,
1917	subsection (4) of section 400.619, Florida Statutes, is
1918	reenacted to read:
1919	400.619  Licensure application and renewal.--
1920	(4)  Upon receipt of a completed license application or
1921	license renewal, and the fee, the agency shall initiate a level
1922	1 background screening as provided under chapter 435 on the
1923	adult family-care home provider, the designated relief person,
1924	all adult household members, and all staff members. The agency
1925	shall conduct an onsite visit to the home that is to be
1926	licensed.
1927	(a)  Proof of compliance with level 1 screening standards
1928	which has been submitted within the previous 5 years to meet any
1929	facility or professional licensure requirements of the agency or
1930	the Department of Health satisfies the requirements of this
1931	subsection. Such proof must be accompanied, under penalty of
1932	perjury, by a copy of the person's current professional license
1933	and an affidavit of current compliance with the background
1934	screening requirements.
1935	(b)  The person required to be screened must have been
1936	continuously employed in the same type of occupation for which
1937	the person is seeking employment without a breach in service
1938	that exceeds 180 days, and proof of compliance with the level 1
1939	screening requirement which is no more than 2 years old must be
1940	provided. Proof of compliance shall be provided directly from
1941	one employer or contractor to another, and not from the person
1942	screened. Upon request, a copy of screening results shall be
1943	provided to the person screened by the employer retaining
1944	documentation of the screening.
1945	Section 27.  For the purpose of incorporating the amendment
1946	to section 435.03, Florida Statutes, in references thereto,
1947	subsection (1) of section 400.6194, Florida Statutes, is
1948	reenacted to read:
1949	400.6194  Denial, revocation, or suspension of a
1950	license.--The agency may deny, suspend, or revoke a license for
1951	The agency may deny, suspend, or revoke a license for any of the
1952	following reasons:
1953	(1)  Failure of any of the persons required to undergo
1954	background screening under s. 400.619 to meet the level 1
1955	screening standards of s. 435.03, unless an exemption from
1956	disqualification has been provided by the agency.
1957	Section 28.  For the purpose of incorporating the amendment
1958	to section 435.03, Florida Statutes, in references thereto,
1959	section 400.953, Florida Statutes, is reenacted to read:
1960	400.953  Background screening of home medical equipment
1961	provider personnel.--The agency shall require employment
1962	screening as provided in chapter 435, using the level 1
1963	standards for screening set forth in that chapter, for home
1964	medical equipment provider personnel.
1965	(1)  The agency may grant exemptions from disqualification
1966	from employment under this section as provided in s. 435.07.
1967	(2)  The general manager of each home medical equipment
1968	provider must sign an affidavit annually, under penalty of
1969	perjury, stating that all home medical equipment provider
1970	personnel hired on or after July 1, 1999, who enter the home of
1971	a patient in the capacity of their employment have been screened
1972	and that its remaining personnel have worked for the home
1973	medical equipment provider continuously since before July 1,
1974	1999.
1975	(3)  Proof of compliance with the screening requirements of
1976	s. 110.1127, s. 393.0655, s. 394.4572, s. 397.451, s. 402.305,
1977	s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or this part
1978	must be accepted in lieu of the requirements of this section if
1979	the person has been continuously employed in the same type of
1980	occupation for which he or she is seeking employment without a
1981	breach in service that exceeds 180 days, the proof of compliance
1982	is not more than 2 years old, and the person has been screened
1983	by the Department of Law Enforcement. An employer or contractor
1984	shall directly provide proof of compliance to another employer
1985	or contractor, and a potential employer or contractor may not
1986	accept any proof of compliance directly from the person
1987	requiring screening. Proof of compliance with the screening
1988	requirements of this section shall be provided, upon request, to
1989	the person screened by the home medical equipment provider.
1990	(4)  There is no monetary liability on the part of, and no
1991	cause of action for damages arising against, a licensed home
1992	medical equipment provider that, upon notice that an employee
1993	has been found guilty of, regardless of adjudication, or entered
1994	a plea of nolo contendere or guilty to, any offense prohibited
1995	under s. 435.03 or under any similar statute of another
1996	jurisdiction, terminates the employee, whether or not the
1997	employee has filed for an exemption with the agency and whether
1998	or not the time for filing has expired.
1999	(5)  The costs of processing the statewide correspondence
2000	criminal records checks must be borne by the home medical
2001	equipment provider or by the person being screened, at the
2002	discretion of the home medical equipment provider.
2003	(6)  Neither the agency nor the home medical equipment
2004	provider may use the criminal records or juvenile records of a
2005	person for any purpose other than determining whether that
2006	person meets minimum standards of good moral character for home
2007	medical equipment provider personnel.
2008	(7)(a)  It is a misdemeanor of the first degree, punishable
2009	as provided in s. 775.082 or s. 775.083, for any person
2010	willfully, knowingly, or intentionally to:
2011	1.  Fail, by false statement, misrepresentation,
2012	impersonation, or other fraudulent means, to disclose in any
2013	application for paid employment a material fact used in making a
2014	determination as to the person's qualifications to be an
2015	employee under this section;
2016	2.  Operate or attempt to operate an entity licensed under
2017	this part with persons who do not meet the minimum standards for
2018	good moral character as contained in this section; or
2019	3.  Use information from the criminal records obtained
2020	under this section for any purpose other than screening that
2021	person for employment as specified in this section, or release
2022	such information to any other person for any purpose other than
2023	screening for employment under this section.
2024	(b)  It is a felony of the third degree, punishable as
2025	provided in s. 775.082, s. 775.083, or s. 775.084, for any
2026	person willfully, knowingly, or intentionally to use information
2027	from the juvenile records of a person obtained under this
2028	section for any purpose other than screening for employment
2029	under this section.
2030	Section 29.  For the purpose of incorporating the amendment
2031	to section 435.03, Florida Statutes, in references thereto,
2032	subsection (32) of section 409.912, Florida Statutes, is
2033	reenacted to read:
2034	409.912  Cost-effective purchasing of health care.--The
2035	agency shall purchase goods and services for Medicaid recipients
2036	in the most cost-effective manner consistent with the delivery
2037	of quality medical care. The agency shall maximize the use of
2038	prepaid per capita and prepaid aggregate fixed-sum basis
2039	services when appropriate and other alternative service delivery
2040	and reimbursement methodologies, including competitive bidding
2041	pursuant to s. 287.057, designed to facilitate the cost-
2042	effective purchase of a case-managed continuum of care. The
2043	agency shall also require providers to minimize the exposure of
2044	recipients to the need for acute inpatient, custodial, and other
2045	institutional care and the inappropriate or unnecessary use of
2046	high-cost services. The agency may establish prior authorization
2047	requirements for certain populations of Medicaid beneficiaries,
2048	certain drug classes, or particular drugs to prevent fraud,
2049	abuse, overuse, and possible dangerous drug interactions. The
2050	Pharmaceutical and Therapeutics Committee shall make
2051	recommendations to the agency on drugs for which prior
2052	authorization is required. The agency shall inform the
2053	Pharmaceutical and Therapeutics Committee of its decisions
2054	regarding drugs subject to prior authorization.
2055	(32)  Each managed care plan that is under contract with
2056	the agency to provide health care services to Medicaid
2057	recipients shall annually conduct a background check with the
2058	Florida Department of Law Enforcement of all persons with
2059	ownership interest of 5 percent or more or executive management
2060	responsibility for the managed care plan and shall submit to the
2061	agency information concerning any such person who has been found
2062	guilty of, regardless of adjudication, or has entered a plea of
2063	nolo contendere or guilty to, any of the offenses listed in s.
2064	435.03.
2065	Section 30.  For the purpose of incorporating the amendment
2066	to section 435.03, Florida Statutes, in references thereto,
2067	subsection (4) of section 435.07, Florida Statutes, is reenacted
2068	to read:
2069	435.07  Exemptions from disqualification.--Unless otherwise
2070	provided by law, the provisions of this section shall apply to
2071	exemptions from disqualification.
2072	(4)  Disqualification from employment under subsection (1)
2073	may not be removed from, nor may an exemption be granted to, any
2074	personnel who is found guilty of, regardless of adjudication, or
2075	who has entered a plea of nolo contendere or guilty to, any
2076	felony covered by s. 435.03 solely by reason of any pardon,
2077	executive clemency, or restoration of civil rights.
2078	Section 31.  For the purpose of incorporating the amendment
2079	to section 435.03, Florida Statutes, in references thereto,
2080	paragraph (e) of subsection (1) of section 464.018, Florida
2081	Statutes, is reenacted to read:
2082	464.018  Disciplinary actions.--
2083	(1)  The following acts constitute grounds for denial of a
2084	license or disciplinary action, as specified in s. 456.072(2):
2085	(e)  Having been found guilty of, regardless of
2086	adjudication, or entered a plea of nolo contendere or guilty to,
2087	any offense prohibited under s. 435.03 or under any similar
2088	statute of another jurisdiction; or having committed an act
2089	which constitutes domestic violence as defined in s. 741.28.
2090	Section 32.  For the purpose of incorporating the amendment
2091	to section 435.03, Florida Statutes, in references thereto,
2092	subsection (3) of section 744.309, Florida Statutes, is
2093	reenacted to read:
2094	744.309  Who may be appointed guardian of a resident
2095	ward.--
2096	(3)  DISQUALIFIED PERSONS.--No person who has been
2097	convicted of a felony or who, from any incapacity or illness, is
2098	incapable of discharging the duties of a guardian, or who is
2099	otherwise unsuitable to perform the duties of a guardian, shall
2100	be appointed to act as guardian. Further, no person who has been
2101	judicially determined to have committed abuse, abandonment, or
2102	neglect against a child as defined in s. 39.01 or s. 984.03(1),
2103	(2), and (37), or who has been found guilty of, regardless of
2104	adjudication, or entered a plea of nolo contendere or guilty to,
2105	any offense prohibited under s. 435.03 or under any similar
2106	statute of another jurisdiction, shall be appointed to act as a
2107	guardian. Except as provided in subsection (5) or subsection
2108	(6), a person who provides substantial services to the proposed
2109	ward in a professional or business capacity, or a creditor of
2110	the proposed ward, may not be appointed guardian and retain that
2111	previous professional or business relationship. A person may not
2112	be appointed a guardian if he or she is in the employ of any
2113	person, agency, government, or corporation that provides service
2114	to the proposed ward in a professional or business capacity,
2115	except that a person so employed may be appointed if he or she
2116	is the spouse, adult child, parent, or sibling of the proposed
2117	ward or the court determines that the potential conflict of
2118	interest is insubstantial and that the appointment would clearly
2119	be in the proposed ward's best interest. The court may not
2120	appoint a guardian in any other circumstance in which a conflict
2121	of interest may occur.
2122	Section 33.  For the purpose of incorporating the amendment
2123	to section 435.03, Florida Statutes, in references thereto,
2124	subsection (12) of section 744.474, Florida Statutes, is
2125	reenacted to read:
2126	744.474  Reasons for removal of guardian.--A guardian may
2127	be removed for any of the following reasons, and the removal
2128	shall be in addition to any other penalties prescribed by law:
2129	(12)  Having been found guilty of, regardless of
2130	adjudication, or entered a plea of nolo contendere or guilty to,
2131	any offense prohibited under s. 435.03 or under any similar
2132	statute of another jurisdiction.
2133	Section 34.  For the purpose of incorporating the amendment
2134	to section 435.03, Florida Statutes, in references thereto,
2135	subsection (4) of section 985.407, Florida Statutes, is
2136	reenacted to read:
2137	985.407  Departmental contracting powers; personnel
2138	standards and screening.--
2139	(4)  The department shall require employment screening
2140	pursuant to chapter 435, using the level 1 standards for
2141	screening set forth in that chapter, for personnel in
2142	delinquency facilities, services, and programs.
2143	Section 35.  For the purpose of incorporating the amendment
2144	to section 435.04, Florida Statutes, in references thereto,
2145	paragraph (b) of subsection (2) of section 39.001, Florida
2146	Statutes, is reenacted to read:
2147	39.001  Purposes and intent; personnel standards and
2148	screening.--
2149	(2)  DEPARTMENT CONTRACTS.--The department may contract
2150	with the Federal Government, other state departments and
2151	agencies, county and municipal governments and agencies, public
2152	and private agencies, and private individuals and corporations
2153	in carrying out the purposes of, and the responsibilities
2154	established in, this chapter.
2155	(b)  The department shall require employment screening, and
2156	rescreening no less frequently than once every 5 years, pursuant
2157	to chapter 435, using the level 2 standards set forth in that
2158	chapter for personnel in programs for children or youths.
2159	Section 36.  For the purpose of incorporating the amendment
2160	to section 435.04, Florida Statutes, in references thereto,
2161	subsection (1) of section 39.821, Florida Statutes, is reenacted
2162	to read:
2163	39.821  Qualifications of guardians ad litem.--
2164	(1)  Because of the special trust or responsibility placed
2165	in a guardian ad litem, the Guardian Ad Litem Program may use
2166	any private funds collected by the program, or any state funds
2167	so designated, to conduct a security background investigation
2168	before certifying a volunteer to serve. A security background
2169	investigation must include, but need not be limited to,
2170	employment history checks, checks of references, local criminal
2171	records checks through local law enforcement agencies, and
2172	statewide criminal records checks through the Department of Law
2173	Enforcement. Upon request, an employer shall furnish a copy of
2174	the personnel record for the employee or former employee who is
2175	the subject of a security background investigation conducted
2176	under this section. The information contained in the personnel
2177	record may include, but need not be limited to, disciplinary
2178	matters and the reason why the employee was terminated from
2179	employment. An employer who releases a personnel record for
2180	purposes of a security background investigation is presumed to
2181	have acted in good faith and is not liable for information
2182	contained in the record without a showing that the employer
2183	maliciously falsified the record. A security background
2184	investigation conducted under this section must ensure that a
2185	person is not certified as a guardian ad litem if the person has
2186	been convicted of, regardless of adjudication, or entered a plea
2187	of nolo contendere or guilty to, any offense prohibited under
2188	the provisions of the Florida Statutes specified in s. 435.04(2)
2189	or under any similar law in another jurisdiction. Before
2190	certifying an applicant to serve as a guardian ad litem, the
2191	chief judge of the circuit court may request a federal criminal
2192	records check of the applicant through the Federal Bureau of
2193	Investigation. In analyzing and evaluating the information
2194	obtained in the security background investigation, the program
2195	must give particular emphasis to past activities involving
2196	children, including, but not limited to, child-related criminal
2197	offenses or child abuse. The program has the sole discretion in
2198	determining whether to certify a person based on his or her
2199	security background investigation. The information collected
2200	pursuant to the security background investigation is
2201	confidential and exempt from s. 119.07(1).
2202	Section 37.  For the purpose of incorporating the amendment
2203	to section 435.04, Florida Statutes, in references thereto,
2204	paragraphs (a) and (c) of subsection (3) of section 110.1127,
2205	Florida Statutes, are reenacted to read:
2206	110.1127  Employee security checks.--
2207	(3)(a)  All positions in programs providing care to
2208	children, the developmentally disabled, or vulnerable adults for
2209	15 hours or more per week; all permanent and temporary employee
2210	positions of the central abuse hotline; and all persons working
2211	under contract who have access to abuse records are deemed to be
2212	persons and positions of special trust or responsibility, and
2213	require employment screening pursuant to chapter 435, using the
2214	level 2 standards set forth in that chapter.
2215	(c)  All persons and employees in such positions of trust
2216	or responsibility shall be required to undergo security
2217	background investigations as a condition of employment and
2218	continued employment. For the purposes of this subsection,
2219	security background investigations shall be conducted as
2220	provided in chapter 435, using the level 2 standards for
2221	screening set forth in that chapter.
2222	Section 38.  For the purpose of incorporating the amendment
2223	to section 435.04, Florida Statutes, in references thereto,
2224	paragraph (a) of subsection (12) of section 112.0455, Florida
2225	Statutes, is reenacted to read:
2226	112.0455  Drug-Free Workplace Act.--
2227	(12)  DRUG-TESTING STANDARDS; LABORATORIES.--
2228	(a)  A laboratory may analyze initial or confirmation drug
2229	specimens only if:
2230	1.  The laboratory is licensed and approved by the Agency
2231	for Health Care Administration using criteria established by the
2232	United States Department of Health and Human Services as general
2233	guidelines for modeling the state drug testing program. Each
2234	applicant for licensure must comply with the following
2235	requirements:
2236	a.  Upon receipt of a completed, signed, and dated
2237	application, the agency shall require background screening, in
2238	accordance with the level 2 standards for screening set forth in
2239	chapter 435, of the managing employee, or other similarly titled
2240	individual responsible for the daily operation of the
2241	laboratory, and of the financial officer, or other similarly
2242	titled individual who is responsible for the financial operation
2243	of the laboratory, including billings for services. The
2244	applicant must comply with the procedures for level 2 background
2245	screening as set forth in chapter 435, as well as the
2246	requirements of s. 435.03(3).
2247	b.  The agency may require background screening of any
2248	other individual who is an applicant if the agency has probable
2249	cause to believe that he or she has been convicted of an offense
2250	prohibited under the level 2 standards for screening set forth
2251	in chapter 435.
2252	c.  Proof of compliance with the level 2 background
2253	screening requirements of chapter 435 which has been submitted
2254	within the previous 5 years in compliance with any other health
2255	care licensure requirements of this state is acceptable in
2256	fulfillment of screening requirements.
2257	d.  A provisional license may be granted to an applicant
2258	when each individual required by this section to undergo
2259	background screening has met the standards for the Department of
2260	Law Enforcement background check, but the agency has not yet
2261	received background screening results from the Federal Bureau of
2262	Investigation, or a request for a disqualification exemption has
2263	been submitted to the agency as set forth in chapter 435, but a
2264	response has not yet been issued. A license may be granted to
2265	the applicant upon the agency's receipt of a report of the
2266	results of the Federal Bureau of Investigation background
2267	screening for each individual required by this section to
2268	undergo background screening which confirms that all standards
2269	have been met, or upon the granting of a disqualification
2270	exemption by the agency as set forth in chapter 435. Any other
2271	person who is required to undergo level 2 background screening
2272	may serve in his or her capacity pending the agency's receipt of
2273	the report from the Federal Bureau of Investigation. However,
2274	the person may not continue to serve if the report indicates any
2275	violation of background screening standards and a
2276	disqualification exemption has not been requested of and granted
2277	by the agency as set forth in chapter 435.
2278	e.  Each applicant must submit to the agency, with its
2279	application, a description and explanation of any exclusions,
2280	permanent suspensions, or terminations of the applicant from the
2281	Medicare or Medicaid programs. Proof of compliance with the
2282	requirements for disclosure of ownership and control interests
2283	under the Medicaid or Medicare programs shall be accepted in
2284	lieu of this submission.
2285	f.  Each applicant must submit to the agency a description
2286	and explanation of any conviction of an offense prohibited under
2287	the level 2 standards of chapter 435 by a member of the board of
2288	directors of the applicant, its officers, or any individual
2289	owning 5 percent or more of the applicant. This requirement does
2290	not apply to a director of a not-for-profit corporation or
2291	organization if the director serves solely in a voluntary
2292	capacity for the corporation or organization, does not regularly
2293	take part in the day-to-day operational decisions of the
2294	corporation or organization, receives no remuneration for his or
2295	her services on the corporation or organization's board of
2296	directors, and has no financial interest and has no family
2297	members with a financial interest in the corporation or
2298	organization, provided that the director and the not-for-profit
2299	corporation or organization include in the application a
2300	statement affirming that the director's relationship to the
2301	corporation satisfies the requirements of this sub-subparagraph.
2302	g.  A license may not be granted to any applicant if the
2303	applicant or managing employee has been found guilty of,
2304	regardless of adjudication, or has entered a plea of nolo
2305	contendere or guilty to, any offense prohibited under the level
2306	2 standards for screening set forth in chapter 435, unless an
2307	exemption from disqualification has been granted by the agency
2308	as set forth in chapter 435.
2309	h.  The agency may deny or revoke licensure if the
2310	applicant:
2311	(I)  Has falsely represented a material fact in the
2312	application required by sub-subparagraph e. or sub-subparagraph
2313	f., or has omitted any material fact from the application
2314	required by sub-subparagraph e. or sub-subparagraph f.; or
2315	(II)  Has had prior action taken against the applicant
2316	under the Medicaid or Medicare program as set forth in sub-
2317	subparagraph e.
2318	i.  An application for license renewal must contain the
2319	information required under sub-subparagraphs e. and f.
2320	2.  The laboratory has written procedures to ensure chain
2321	of custody.
2322	3.  The laboratory follows proper quality control
2323	procedures, including, but not limited to:
2324	a.  The use of internal quality controls including the use
2325	of samples of known concentrations which are used to check the
2326	performance and calibration of testing equipment, and periodic
2327	use of blind samples for overall accuracy.
2328	b.  An internal review and certification process for drug
2329	test results, conducted by a person qualified to perform that
2330	function in the testing laboratory.
2331	c.  Security measures implemented by the testing laboratory
2332	to preclude adulteration of specimens and drug test results.
2333	d.  Other necessary and proper actions taken to ensure
2334	reliable and accurate drug test results.
2335	Section 39.  For the purpose of incorporating the amendment
2336	to section 435.04, Florida Statutes, in references thereto,
2337	subsections (1), (2), and (4) of section 381.0059, Florida
2338	Statutes, are reenacted to read:
2339	381.0059  Background screening requirements for school
2340	health services personnel.--
2341	(1)  Pursuant to the provisions of chapter 435, any person
2342	who provides services under a school health services plan
2343	pursuant to s. 381.0056 must meet level 2 screening requirements
2344	as described in s. 435.04. A person may satisfy the requirements
2345	of this subsection by submitting proof of compliance with the
2346	requirements of level 2 screening conducted within 12 months
2347	before the date that person initially provides services under a
2348	school health services plan.
2349	(2)  A person may provide services under a school health
2350	services plan pursuant to s. 381.0056 prior to the completion of
2351	level 2 screening. However, pending the results of the
2352	screening, such person may not be alone with a minor.
2353	(4)  Under penalty of perjury, each person who provides
2354	services under a school health plan pursuant to s. 381.0056 must
2355	attest to meeting the level 2 screening requirements for
2356	participation under the plan and agree to inform his or her
2357	employer immediately if convicted of any disqualifying offense
2358	while providing services under a plan.
2359	Section 40.  For the purpose of incorporating the amendment
2360	to section 435.04, Florida Statutes, in references thereto,
2361	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (1) of
2362	section 381.60225, Florida Statutes, are reenacted to read:
2363	381.60225  Background screening.--
2364	(1)  Each applicant for certification must comply with the
2365	following requirements:
2366	(a)  Upon receipt of a completed, signed, and dated
2367	application, the Agency for Health Care Administration shall
2368	require background screening, in accordance with the level 2
2369	standards for screening set forth in chapter 435, of the
2370	managing employee, or other similarly titled individual
2371	responsible for the daily operation of the organization, agency,
2372	or entity, and financial officer, or other similarly titled
2373	individual who is responsible for the financial operation of the
2374	organization, agency, or entity, including billings for
2375	services. The applicant must comply with the procedures for
2376	level 2 background screening as set forth in chapter 435, as
2377	well as the requirements of s. 435.03(3).
2378	(b)  The Agency for Health Care Administration may require
2379	background screening of any other individual who is an applicant
2380	if the Agency for Health Care Administration has probable cause
2381	to believe that he or she has been convicted of a crime or has
2382	committed any other offense prohibited under the level 2
2383	standards for screening set forth in chapter 435.
2384	(c)  Proof of compliance with the level 2 background
2385	screening requirements of chapter 435 which has been submitted
2386	within the previous 5 years in compliance with any other health
2387	care licensure requirements of this state is acceptable in
2388	fulfillment of the requirements of paragraph (a).
2389	(d)  A provisional certification may be granted to the
2390	organization, agency, or entity when each individual required by
2391	this section to undergo background screening has met the
2392	standards for the Department of Law Enforcement background
2393	check, but the agency has not yet received background screening
2394	results from the Federal Bureau of Investigation, or a request
2395	for a disqualification exemption has been submitted to the
2396	agency as set forth in chapter 435, but a response has not yet
2397	been issued. A standard certification may be granted to the
2398	organization, agency, or entity upon the agency's receipt of a
2399	report of the results of the Federal Bureau of Investigation
2400	background screening for each individual required by this
2401	section to undergo background screening which confirms that all
2402	standards have been met, or upon the granting of a
2403	disqualification exemption by the agency as set forth in chapter
2404	435. Any other person who is required to undergo level 2
2405	background screening may serve in his or her capacity pending
2406	the agency's receipt of the report from the Federal Bureau of
2407	Investigation. However, the person may not continue to serve if
2408	the report indicates any violation of background screening
2409	standards and a disqualification exemption has not been
2410	requested of and granted by the agency as set forth in chapter
2411	435.
2412	(f)  Each applicant must submit to the agency a description
2413	and explanation of any conviction of an offense prohibited under
2414	the level 2 standards of chapter 435 by a member of the board of
2415	directors of the applicant, its officers, or any individual
2416	owning 5 percent or more of the applicant. This requirement does
2417	not apply to a director of a not-for-profit corporation or
2418	organization if the director serves solely in a voluntary
2419	capacity for the corporation or organization, does not regularly
2420	take part in the day-to-day operational decisions of the
2421	corporation or organization, receives no remuneration for his or
2422	her services on the corporation or organization's board of
2423	directors, and has no financial interest and has no family
2424	members with a financial interest in the corporation or
2425	organization, provided that the director and the not-for-profit
2426	corporation or organization include in the application a
2427	statement affirming that the director's relationship to the
2428	corporation satisfies the requirements of this paragraph.
2429	(g)  The agency may not certify any organization, agency,
2430	or entity if any applicant or managing employee has been found
2431	guilty of, regardless of adjudication, or has entered a plea of
2432	nolo contendere or guilty to, any offense prohibited under the
2433	level 2 standards for screening set forth in chapter 435, unless
2434	an exemption from disqualification has been granted by the
2435	agency as set forth in chapter 435.
2436	Section 41.  For the purpose of incorporating the amendment
2437	to section 435.04, Florida Statutes, in references thereto,
2438	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (7) of
2439	section 383.305, Florida Statutes, are reenacted to read:
2440	383.305  Licensure; issuance, renewal, denial, suspension,
2441	revocation; fees; background screening.--
2442	(7)  Each applicant for licensure must comply with the
2443	following requirements:
2444	(a)  Upon receipt of a completed, signed, and dated
2445	application, the agency shall require background screening, in
2446	accordance with the level 2 standards for screening set forth in
2447	chapter 435, of the managing employee, or other similarly titled
2448	individual who is responsible for the daily operation of the
2449	center, and of the financial officer, or other similarly titled
2450	individual who is responsible for the financial operation of the
2451	center, including billings for patient care and services. The
2452	applicant must comply with the procedures for level 2 background
2453	screening as set forth in chapter 435 as well as the
2454	requirements of s. 435.03(3).
2455	(b)  The agency may require background screening of any
2456	other individual who is an applicant if the agency has probable
2457	cause to believe that he or she has been convicted of a crime or
2458	has committed any other offense prohibited under the level 2
2459	standards for screening set forth in chapter 435.
2460	(c)  Proof of compliance with the level 2 background
2461	screening requirements of chapter 435 which has been submitted
2462	within the previous 5 years in compliance with any other health
2463	care licensure requirements of this state is acceptable in
2464	fulfillment of the requirements of paragraph (a).
2465	(d)  A provisional license may be granted to an applicant
2466	when each individual required by this section to undergo
2467	background screening has met the standards for the Department of
2468	Law Enforcement background check, but the agency has not yet
2469	received background screening results from the Federal Bureau of
2470	Investigation, or a request for a disqualification exemption has
2471	been submitted to the agency as set forth in chapter 435 but a
2472	response has not yet been issued. A standard license may be
2473	granted to the applicant upon the agency's receipt of a report
2474	of the results of the Federal Bureau of Investigation background
2475	screening for each individual required by this section to
2476	undergo background screening which confirms that all standards
2477	have been met, or upon the granting of a disqualification
2478	exemption by the agency as set forth in chapter 435. Any other
2479	person who is required to undergo level 2 background screening
2480	may serve in his or her capacity pending the agency's receipt of
2481	the report from the Federal Bureau of Investigation. However,
2482	the person may not continue to serve if the report indicates any
2483	violation of background screening standards and a
2484	disqualification exemption has not been requested of and granted
2485	by the agency as set forth in chapter 435.
2486	(f)  Each applicant must submit to the agency a description
2487	and explanation of any conviction of an offense prohibited under
2488	the level 2 standards of chapter 435 by a member of the board of
2489	directors of the applicant, its officers, or any individual
2490	owning 5 percent or more of the applicant. This requirement does
2491	not apply to a director of a not-for-profit corporation or
2492	organization if the director serves solely in a voluntary
2493	capacity for the corporation or organization, does not regularly
2494	take part in the day-to-day operational decisions of the
2495	corporation or organization, receives no remuneration for his or
2496	her services on the corporation or organization's board of
2497	directors, and has no financial interest and has no family
2498	members with a financial interest in the corporation or
2499	organization, provided that the director and the not-for-profit
2500	corporation or organization include in the application a
2501	statement affirming that the director's relationship to the
2502	corporation satisfies the requirements of this paragraph.
2503	(g)  A license may not be granted to an applicant if the
2504	applicant or managing employee has been found guilty of,
2505	regardless of adjudication, or has entered a plea of nolo
2506	contendere or guilty to, any offense prohibited under the level
2507	2 standards for screening set forth in chapter 435, unless an
2508	exemption from disqualification has been granted by the agency
2509	as set forth in chapter 435.
2510	Section 42.  For the purpose of incorporating the amendment
2511	to section 435.04, Florida Statutes, in references thereto,
2512	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
2513	section 390.015, Florida Statutes, are reenacted to read:
2514	390.015  Application for license.--
2515	(3)  Each applicant for licensure must comply with the
2516	following requirements:
2517	(a)  Upon receipt of a completed, signed, and dated
2518	application, the agency shall require background screening, in
2519	accordance with the level 2 standards for screening set forth in
2520	chapter 435, of the managing employee, or other similarly titled
2521	individual who is responsible for the daily operation of the
2522	clinic, and financial officer, or other similarly titled
2523	individual who is responsible for the financial operation of the
2524	clinic, including billings for patient care and services. The
2525	applicant must comply with the procedures for level 2 background
2526	screening as set forth in chapter 435, as well as the
2527	requirements of s. 435.03(3).
2528	(b)  The agency may require background screening of any
2529	other individual who is an applicant if the agency has probable
2530	cause to believe that he or she has been convicted of a crime or
2531	has committed any other offense prohibited under the level 2
2532	standards for screening set forth in chapter 435.
2533	(c)  Proof of compliance with the level 2 background
2534	screening requirements of chapter 435 which has been submitted
2535	within the previous 5 years in compliance with any other health
2536	care licensure requirements of this state is acceptable in
2537	fulfillment of the requirements of paragraph (a).
2538	(d)  A provisional license may be granted to an applicant
2539	when each individual required by this section to undergo
2540	background screening has met the standards for the Department of
2541	Law Enforcement background check, but the agency has not yet
2542	received background screening results from the Federal Bureau of
2543	Investigation, or a request for a disqualification exemption has
2544	been submitted to the agency as set forth in chapter 435 but a
2545	response has not yet been issued. A standard license may be
2546	granted to the applicant upon the agency's receipt of a report
2547	of the results of the Federal Bureau of Investigation background
2548	screening for each individual required by this section to
2549	undergo background screening which confirms that all standards
2550	have been met, or upon the granting of a disqualification
2551	exemption by the agency as set forth in chapter 435. Any other
2552	person who is required to undergo level 2 background screening
2553	may serve in his or her capacity pending the agency's receipt of
2554	the report from the Federal Bureau of Investigation. However,
2555	the person may not continue to serve if the report indicates any
2556	violation of background screening standards and a
2557	disqualification exemption has not been requested of and granted
2558	by the agency as set forth in chapter 435.
2559	(f)  Each applicant must submit to the agency a description
2560	and explanation of any conviction of an offense prohibited under
2561	the level 2 standards of chapter 435 by a member of the board of
2562	directors of the applicant, its officers, or any individual
2563	owning 5 percent or more of the applicant. This requirement does
2564	not apply to a director of a not-for-profit corporation or
2565	organization if the director serves solely in a voluntary
2566	capacity for the corporation or organization, does not regularly
2567	take part in the day-to-day operational decisions of the
2568	corporation or organization, receives no remuneration for his or
2569	her services on the corporation or organization's board of
2570	directors, and has no financial interest and has no family
2571	members with a financial interest in the corporation or
2572	organization, provided that the director and the not-for-profit
2573	corporation or organization include in the application a
2574	statement affirming that the director's relationship to the
2575	corporation satisfies the requirements of this paragraph.
2576	(g)  A license may not be granted to an applicant if the
2577	applicant or managing employee has been found guilty of,
2578	regardless of adjudication, or has entered a plea of nolo
2579	contendere or guilty to, any offense prohibited under the level
2580	2 standards for screening set forth in chapter 435, unless an
2581	exemption from disqualification has been granted by the agency
2582	as set forth in chapter 435.
2583	Section 43.  For the purpose of incorporating the amendment
2584	to section 435.04, Florida Statutes, in references thereto,
2585	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (13)
2586	of section 394.875, Florida Statutes, are reenacted to read:
2587	394.875  Crisis stabilization units, residential treatment
2588	facilities, and residential treatment centers for children and
2589	adolescents; authorized services; license required; penalties.--
2590	(13)  Each applicant for licensure must comply with the
2591	following requirements:
2592	(a)  Upon receipt of a completed, signed, and dated
2593	application, the agency shall require background screening, in
2594	accordance with the level 2 standards for screening set forth in
2595	chapter 435, of the managing employee and financial officer, or
2596	other similarly titled individual who is responsible for the
2597	financial operation of the facility, including billings for
2598	client care and services. The applicant must comply with the
2599	procedures for level 2 background screening as set forth in
2600	chapter 435, as well as the requirements of s. 435.03(3).
2601	(b)  The agency may require background screening of any
2602	other individual who is an applicant if the agency has probable
2603	cause to believe that he or she has been convicted of a crime or
2604	has committed any other offense prohibited under the level 2
2605	standards for screening set forth in chapter 435.
2606	(c)  Proof of compliance with the level 2 background
2607	screening requirements of chapter 435 which has been submitted
2608	within the previous 5 years in compliance with any other health
2609	care licensure requirements of this state is acceptable in
2610	fulfillment of the requirements of paragraph (a).
2611	(d)  A provisional license may be granted to an applicant
2612	when each individual required by this section to undergo
2613	background screening has met the standards for the Department of
2614	Law Enforcement background check, but the agency has not yet
2615	received background screening results from the Federal Bureau of
2616	Investigation, or a request for a disqualification exemption has
2617	been submitted to the agency as set forth in chapter 435, but a
2618	response has not yet been issued. A standard license may be
2619	granted to the applicant upon the agency's receipt of a report
2620	of the results of the Federal Bureau of Investigation background
2621	screening for each individual required by this section to
2622	undergo background screening which confirms that all standards
2623	have been met, or upon the granting of a disqualification
2624	exemption by the agency as set forth in chapter 435. Any other
2625	person who is required to undergo level 2 background screening
2626	may serve in his or her capacity pending the agency's receipt of
2627	the report from the Federal Bureau of Investigation. However,
2628	the person may not continue to serve if the report indicates any
2629	violation of background screening standards and a
2630	disqualification exemption has not been requested of and granted
2631	by the agency as set forth in chapter 435.
2632	(f)  Each applicant must submit to the agency a description
2633	and explanation of any conviction of an offense prohibited under
2634	the level 2 standards of chapter 435 by a member of the board of
2635	directors of the applicant, its officers, or any individual
2636	owning 5 percent or more of the applicant. This requirement does
2637	not apply to a director of a not-for-profit corporation or
2638	organization if the director serves solely in a voluntary
2639	capacity for the corporation or organization, does not regularly
2640	take part in the day-to-day operational decisions of the
2641	corporation or organization, receives no remuneration for his or
2642	her services on the corporation or organization's board of
2643	directors, and has no financial interest and has no family
2644	members with a financial interest in the corporation or
2645	organization, provided that the director and the not-for-profit
2646	corporation or organization include in the application a
2647	statement affirming that the director's relationship to the
2648	corporation satisfies the requirements of this paragraph.
2649	(g)  A license may not be granted to an applicant if the
2650	applicant or managing employee has been found guilty of,
2651	regardless of adjudication, or has entered a plea of nolo
2652	contendere or guilty to, any offense prohibited under the level
2653	2 standards for screening set forth in chapter 435, unless an
2654	exemption from disqualification has been granted by the agency
2655	as set forth in chapter 435.
2656	Section 44.  For the purpose of incorporating the amendment
2657	to section 435.04, Florida Statutes, in references thereto,
2658	subsections (1), (2), (3), (4), (6), and (8) of section
2659	395.0055, Florida Statutes, are reenacted to read:
2660	395.0055  Background screening.--Each applicant for
2661	licensure must comply with the following requirements:
2662	(1)  Upon receipt of a completed, signed, and dated
2663	application, the agency shall require background screening of
2664	the managing employee in accordance with the level 2 standards
2665	for screening set forth in chapter 435, as well as the
2666	requirements of s. 435.03(3).
2667	(2)  The agency may require background screening for a
2668	member of the board of directors of the licensee, or an officer
2669	or an individual owning 5 percent or more of the licensee, if
2670	the agency has probable cause to believe that such individual
2671	has been convicted of an offense prohibited under the level 2
2672	standards for screening set forth in chapter 435.
2673	(3)  Proof of compliance with the level 2 background
2674	screening requirements of chapter 435 which has been submitted
2675	within the previous 5 years in compliance with any other health
2676	care licensure requirements of this state is acceptable in
2677	fulfillment of subsection (1).
2678	(4)  A provisional license may be granted to an applicant
2679	when each individual required by this section to undergo
2680	background screening has met the standards for the Department of
2681	Law Enforcement background check, but the agency has not yet
2682	received background screening results from the Federal Bureau of
2683	Investigation, or a request for a disqualification exemption has
2684	been submitted to the agency as set forth in chapter 435 but a
2685	response has not yet been issued. A standard license may be
2686	granted to the applicant upon the agency's receipt of a report
2687	of the results of the Federal Bureau of Investigation background
2688	screening for each individual required by this section to
2689	undergo background screening which confirms that all standards
2690	have been met, or upon the granting of a disqualification
2691	exemption by the agency as set forth in chapter 435. Any other
2692	person who is required to undergo level 2 background screening
2693	may serve in his or her capacity pending the agency's receipt of
2694	the report from the Federal Bureau of Investigation; however,
2695	the person may not continue to serve if the report indicates any
2696	violation of background screening standards and a
2697	disqualification exemption has not been requested of and granted
2698	by the agency as set forth in chapter 435.
2699	(6)  Each applicant must submit to the agency a description
2700	and explanation of any conviction of an offense prohibited under
2701	the level 2 standards of chapter 435 by a member of the board of
2702	directors of the applicant, its officers, or any individual
2703	owning 5 percent or more of the applicant.
2704	(8)  A license may not be granted to an applicant if the
2705	applicant or managing employee has been found guilty of,
2706	regardless of adjudication, or has entered a plea of nolo
2707	contendere or guilty to, any offense prohibited under the level
2708	2 standards for screening set forth in chapter 435, unless an
2709	exemption from disqualification has been granted by the agency
2710	as set forth in chapter 435.
2711	Section 45.  For the purpose of incorporating the amendment
2712	to section 435.04, Florida Statutes, in references thereto,
2713	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2714	section 395.0199, Florida Statutes, are reenacted to read:
2715	395.0199  Private utilization review.--
2716	(4)  Each applicant for registration must comply with the
2717	following requirements:
2718	(a)  Upon receipt of a completed, signed, and dated
2719	application, the agency shall require background screening, in
2720	accordance with the level 2 standards for screening set forth in
2721	chapter 435, of the managing employee or other similarly titled
2722	individual who is responsible for the operation of the entity.
2723	The applicant must comply with the procedures for level 2
2724	background screening as set forth in chapter 435, as well as the
2725	requirements of s. 435.03(3).
2726	(b)  The agency may require background screening of any
2727	other individual who is an applicant, if the agency has probable
2728	cause to believe that he or she has been convicted of a crime or
2729	has committed any other offense prohibited under the level 2
2730	standards for screening set forth in chapter 435.
2731	(c)  Proof of compliance with the level 2 background
2732	screening requirements of chapter 435 which has been submitted
2733	within the previous 5 years in compliance with any other health
2734	care licensure requirements of this state is acceptable in
2735	fulfillment of the requirements of paragraph (a).
2736	(d)  A provisional registration may be granted to an
2737	applicant when each individual required by this section to
2738	undergo background screening has met the standards for the
2739	Department of Law Enforcement background check, but the agency
2740	has not yet received background screening results from the
2741	Federal Bureau of Investigation, or a request for a
2742	disqualification exemption has been submitted to the agency as
2743	set forth in chapter 435 but a response has not yet been issued.
2744	A standard registration may be granted to the applicant upon the
2745	agency's receipt of a report of the results of the Federal
2746	Bureau of Investigation background screening for each individual
2747	required by this section to undergo background screening which
2748	confirms that all standards have been met, or upon the granting
2749	of a disqualification exemption by the agency as set forth in
2750	chapter 435. Any other person who is required to undergo level 2
2751	background screening may serve in his or her capacity pending
2752	the agency's receipt of the report from the Federal Bureau of
2753	Investigation. However, the person may not continue to serve if
2754	the report indicates any violation of background screening
2755	standards and a disqualification exemption has not been
2756	requested of and granted by the agency as set forth in chapter
2757	435.
2758	(f)  Each applicant must submit to the agency a description
2759	and explanation of any conviction of an offense prohibited under
2760	the level 2 standards of chapter 435 by a member of the board of
2761	directors of the applicant, its officers, or any individual
2762	owning 5 percent or more of the applicant. This requirement does
2763	not apply to a director of a not-for-profit corporation or
2764	organization if the director serves solely in a voluntary
2765	capacity for the corporation or organization, does not regularly
2766	take part in the day-to-day operational decisions of the
2767	corporation or organization, receives no remuneration for his or
2768	her services on the corporation or organization's board of
2769	directors, and has no financial interest and has no family
2770	members with a financial interest in the corporation or
2771	organization, provided that the director and the not-for-profit
2772	corporation or organization include in the application a
2773	statement affirming that the director's relationship to the
2774	corporation satisfies the requirements of this paragraph.
2775	(g)  A registration may not be granted to an applicant if
2776	the applicant or managing employee has been found guilty of,
2777	regardless of adjudication, or has entered a plea of nolo
2778	contendere or guilty to, any offense prohibited under the level
2779	2 standards for screening set forth in chapter 435, unless an
2780	exemption from disqualification has been granted by the agency
2781	as set forth in chapter 435.
2782	Section 46.  For the purpose of incorporating the amendment
2783	to section 435.04, Florida Statutes, in references thereto,
2784	paragraph (a) of subsection (1) of section 397.451, Florida
2785	Statutes, is reenacted to read:
2786	397.451  Background checks of service provider personnel.--
2787	(1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
2788	EXCEPTIONS.--
2789	(a)  Background checks shall apply as follows:
2790	1.  All owners, directors, and chief financial officers of
2791	service providers are subject to level 2 background screening as
2792	provided under chapter 435.
2793	2.  All service provider personnel who have direct contact
2794	with children receiving services or with adults who are
2795	developmentally disabled receiving services are subject to level
2796	2 background screening as provided under chapter 435.
2797	Section 47.  For the purpose of incorporating the amendment
2798	to section 435.04, Florida Statutes, in references thereto,
2799	paragraphs (a), (b), (c), (d), and (f) of subsection (4) of
2800	section 400.071, Florida Statutes, are reenacted to read:
2801	400.071  Application for license.--
2802	(4)  Each applicant for licensure must comply with the
2803	following requirements:
2804	(a)  Upon receipt of a completed, signed, and dated
2805	application, the agency shall require background screening of
2806	the applicant, in accordance with the level 2 standards for
2807	screening set forth in chapter 435. As used in this subsection,
2808	the term "applicant" means the facility administrator, or
2809	similarly titled individual who is responsible for the day-to-
2810	day operation of the licensed facility, and the facility
2811	financial officer, or similarly titled individual who is
2812	responsible for the financial operation of the licensed
2813	facility.
2814	(b)  The agency may require background screening for a
2815	member of the board of directors of the licensee or an officer
2816	or an individual owning 5 percent or more of the licensee if the
2817	agency has probable cause to believe that such individual has
2818	been convicted of an offense prohibited under the level 2
2819	standards for screening set forth in chapter 435.
2820	(c)  Proof of compliance with the level 2 background
2821	screening requirements of chapter 435 which has been submitted
2822	within the previous 5 years in compliance with any other health
2823	care or assisted living licensure requirements of this state is
2824	acceptable in fulfillment of paragraph (a). Proof of compliance
2825	with background screening which has been submitted within the
2826	previous 5 years to fulfill the requirements of the Financial
2827	Services Commission and the Office of Insurance Regulation
2828	pursuant to chapter 651 as part of an application for a
2829	certificate of authority to operate a continuing care retirement
2830	community is acceptable in fulfillment of the Department of Law
2831	Enforcement and Federal Bureau of Investigation background
2832	check.
2833	(d)  A provisional license may be granted to an applicant
2834	when each individual required by this section to undergo
2835	background screening has met the standards for the Department of
2836	Law Enforcement background check, but the agency has not yet
2837	received background screening results from the Federal Bureau of
2838	Investigation, or a request for a disqualification exemption has
2839	been submitted to the agency as set forth in chapter 435, but a
2840	response has not yet been issued. A license may be granted to
2841	the applicant upon the agency's receipt of a report of the
2842	results of the Federal Bureau of Investigation background
2843	screening for each individual required by this section to
2844	undergo background screening which confirms that all standards
2845	have been met, or upon the granting of a disqualification
2846	exemption by the agency as set forth in chapter 435. Any other
2847	person who is required to undergo level 2 background screening
2848	may serve in his or her capacity pending the agency's receipt of
2849	the report from the Federal Bureau of Investigation; however,
2850	the person may not continue to serve if the report indicates any
2851	violation of background screening standards and a
2852	disqualification exemption has not been requested of and granted
2853	by the agency as set forth in chapter 435.
2854	(f)  Each applicant must submit to the agency a description
2855	and explanation of any conviction of an offense prohibited under
2856	the level 2 standards of chapter 435 by a member of the board of
2857	directors of the applicant, its officers, or any individual
2858	owning 5 percent or more of the applicant. This requirement
2859	shall not apply to a director of a not-for-profit corporation or
2860	organization if the director serves solely in a voluntary
2861	capacity for the corporation or organization, does not regularly
2862	take part in the day-to-day operational decisions of the
2863	corporation or organization, receives no remuneration for his or
2864	her services on the corporation or organization's board of
2865	directors, and has no financial interest and has no family
2866	members with a financial interest in the corporation or
2867	organization, provided that the director and the not-for-profit
2868	corporation or organization include in the application a
2869	statement affirming that the director's relationship to the
2870	corporation satisfies the requirements of this paragraph.
2871	Section 48.  For the purpose of incorporating the amendment
2872	to section 435.04, Florida Statutes, in references thereto,
2873	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
2874	section 400.471, Florida Statutes, are reenacted to read:
2875	400.471  Application for license; fee; provisional license;
2876	temporary permit.--
2877	(4)  Each applicant for licensure must comply with the
2878	following requirements:
2879	(a)  Upon receipt of a completed, signed, and dated
2880	application, the agency shall require background screening of
2881	the applicant, in accordance with the level 2 standards for
2882	screening set forth in chapter 435. As used in this subsection,
2883	the term "applicant" means the administrator, or a similarly
2884	titled person who is responsible for the day-to-day operation of
2885	the licensed home health agency, and the financial officer, or
2886	similarly titled individual who is responsible for the financial
2887	operation of the licensed home health agency.
2888	(b)  The agency may require background screening for a
2889	member of the board of directors of the licensee or an officer
2890	or an individual owning 5 percent or more of the licensee if the
2891	agency reasonably suspects that such individual has been
2892	convicted of an offense prohibited under the level 2 standards
2893	for screening set forth in chapter 435.
2894	(c)  Proof of compliance with the level 2 background
2895	screening requirements of chapter 435 which has been submitted
2896	within the previous 5 years in compliance with any other health
2897	care or assisted living licensure requirements of this state is
2898	acceptable in fulfillment of paragraph (a). Proof of compliance
2899	with background screening which has been submitted within the
2900	previous 5 years to fulfill the requirements of the Financial
2901	Services Commission and the Office of Insurance Regulation
2902	pursuant to chapter 651 as part of an application for a
2903	certificate of authority to operate a continuing care retirement
2904	community is acceptable in fulfillment of the Department of Law
2905	Enforcement and Federal Bureau of Investigation background
2906	check.
2907	(d)  A provisional license may be granted to an applicant
2908	when each individual required by this section to undergo
2909	background screening has met the standards for the Department of
2910	Law Enforcement background check, but the agency has not yet
2911	received background screening results from the Federal Bureau of
2912	Investigation. A standard license may be granted to the licensee
2913	upon the agency's receipt of a report of the results of the
2914	Federal Bureau of Investigation background screening for each
2915	individual required by this section to undergo background
2916	screening which confirms that all standards have been met, or
2917	upon the granting of a disqualification exemption by the agency
2918	as set forth in chapter 435. Any other person who is required to
2919	undergo level 2 background screening may serve in his or her
2920	capacity pending the agency's receipt of the report from the
2921	Federal Bureau of Investigation. However, the person may not
2922	continue to serve if the report indicates any violation of
2923	background screening standards and a disqualification exemption
2924	has not been requested of and granted by the agency as set forth
2925	in chapter 435.
2926	(f)  Each applicant must submit to the agency a description
2927	and explanation of any conviction of an offense prohibited under
2928	the level 2 standards of chapter 435 by a member of the board of
2929	directors of the applicant, its officers, or any individual
2930	owning 5 percent or more of the applicant. This requirement does
2931	not apply to a director of a not-for-profit corporation or
2932	organization if the director serves solely in a voluntary
2933	capacity for the corporation or organization, does not regularly
2934	take part in the day-to-day operational decisions of the
2935	corporation or organization, receives no remuneration for his or
2936	her services on the corporation or organization's board of
2937	directors, and has no financial interest and has no family
2938	members with a financial interest in the corporation or
2939	organization, provided that the director and the not-for-profit
2940	corporation or organization include in the application a
2941	statement affirming that the director's relationship to the
2942	corporation satisfies the requirements of this paragraph.
2943	(g)  A license may not be granted to an applicant if the
2944	applicant, administrator, or financial officer has been found
2945	guilty of, regardless of adjudication, or has entered a plea of
2946	nolo contendere or guilty to, any offense prohibited under the
2947	level 2 standards for screening set forth in chapter 435, unless
2948	an exemption from disqualification has been granted by the
2949	agency as set forth in chapter 435.
2950	Section 49.  For the purpose of incorporating the amendment
2951	to section 435.04, Florida Statutes, in references thereto,
2952	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
2953	section 400.506, Florida Statutes, are reenacted to read:
2954	400.506  Licensure of nurse registries; requirements;
2955	penalties.--
2956	(2)  Each applicant for licensure must comply with the
2957	following requirements:
2958	(a)  Upon receipt of a completed, signed, and dated
2959	application, the agency shall require background screening, in
2960	accordance with the level 2 standards for screening set forth in
2961	chapter 435, of the managing employee, or other similarly titled
2962	individual who is responsible for the daily operation of the
2963	nurse registry, and of the financial officer, or other similarly
2964	titled individual who is responsible for the financial operation
2965	of the registry, including billings for patient care and
2966	services. The applicant shall comply with the procedures for
2967	level 2 background screening as set forth in chapter 435.
2968	(b)  The agency may require background screening of any
2969	other individual who is an applicant if the agency has probable
2970	cause to believe that he or she has been convicted of a crime or
2971	has committed any other offense prohibited under the level 2
2972	standards for screening set forth in chapter 435.
2973	(c)  Proof of compliance with the level 2 background
2974	screening requirements of chapter 435 which has been submitted
2975	within the previous 5 years in compliance with any other health
2976	care or assisted living licensure requirements of this state is
2977	acceptable in fulfillment of the requirements of paragraph (a).
2978	(d)  A provisional license may be granted to an applicant
2979	when each individual required by this section to undergo
2980	background screening has met the standards for the Department of
2981	Law Enforcement background check but the agency has not yet
2982	received background screening results from the Federal Bureau of
2983	Investigation. A standard license may be granted to the
2984	applicant upon the agency's receipt of a report of the results
2985	of the Federal Bureau of Investigation background screening for
2986	each individual required by this section to undergo background
2987	screening which confirms that all standards have been met, or
2988	upon the granting of a disqualification exemption by the agency
2989	as set forth in chapter 435. Any other person who is required to
2990	undergo level 2 background screening may serve in his or her
2991	capacity pending the agency's receipt of the report from the
2992	Federal Bureau of Investigation. However, the person may not
2993	continue to serve if the report indicates any violation of
2994	background screening standards and a disqualification exemption
2995	has not been requested of and granted by the agency as set forth
2996	in chapter 435.
2997	(f)  Each applicant must submit to the agency a description
2998	and explanation of any conviction of an offense prohibited under
2999	the level 2 standards of chapter 435 by a member of the board of
3000	directors of the applicant, its officers, or any individual
3001	owning 5 percent or more of the applicant. This requirement does
3002	not apply to a director of a not-for-profit corporation or
3003	organization if the director serves solely in a voluntary
3004	capacity for the corporation or organization, does not regularly
3005	take part in the day-to-day operational decisions of the
3006	corporation or organization, receives no remuneration for his or
3007	her services on the corporation or organization's board of
3008	directors, and has no financial interest and has no family
3009	members with a financial interest in the corporation or
3010	organization, provided that the director and the not-for-profit
3011	corporation or organization include in the application a
3012	statement affirming that the director's relationship to the
3013	corporation satisfies the requirements of this paragraph.
3014	(g)  A license may not be granted to an applicant if the
3015	applicant or managing employee has been found guilty of,
3016	regardless of adjudication, or has entered a plea of nolo
3017	contendere or guilty to, any offense prohibited under the level
3018	2 standards for screening set forth in chapter 435, unless an
3019	exemption from disqualification has been granted by the agency
3020	as set forth in chapter 435.
3021	Section 50.  For the purpose of incorporating the amendment
3022	to section 435.04, Florida Statutes, in references thereto,
3023	section 400.5572, Florida Statutes, is reenacted to read:
3024	400.5572  Background screening.--
3025	(1)(a)  Level 2 background screening must be conducted on
3026	each of the following persons, who shall be considered employees
3027	for the purposes of conducting screening under chapter 435:
3028	1.  The adult day care center owner if an individual, the
3029	operator, and the financial officer.
3030	2.  An officer or board member if the owner of the adult
3031	day care center is a firm, corporation, partnership, or
3032	association, or any person owning 5 percent or more of the
3033	facility, if the agency has probable cause to believe that such
3034	person has been convicted of any offense prohibited by s.
3035	435.04. For each officer, board member, or person owning 5
3036	percent or more who has been convicted of any such offense, the
3037	facility shall submit to the agency a description and
3038	explanation of the conviction at the time of license
3039	application. This subparagraph does not apply to a board member
3040	of a not-for-profit corporation or organization if the board
3041	member serves solely in a voluntary capacity, does not regularly
3042	take part in the day-to-day operational decisions of the
3043	corporation or organization, receives no remuneration for his or
3044	her services, and has no financial interest and has no family
3045	members with a financial interest in the corporation or
3046	organization, provided that the board member and facility submit
3047	a statement affirming that the board member's relationship to
3048	the facility satisfies the requirements of this subparagraph.
3049	(b)  Proof of compliance with level 2 screening standards
3050	which has been submitted within the previous 5 years to meet any
3051	facility or professional licensure requirements of the agency or
3052	the Department of Health satisfies the requirements of this
3053	subsection.
3054	(c)  The agency may grant a provisional license to an adult
3055	day care center applying for an initial license when each
3056	individual required by this subsection to undergo screening has
3057	completed the Department of Law Enforcement background check,
3058	but has not yet received results from the Federal Bureau of
3059	Investigation, or when a request for an exemption from
3060	disqualification has been submitted to the agency pursuant to s.
3061	435.07, but a response has not been issued.
3062	(2)  The owner or administrator of an adult day care center
3063	must conduct level 1 background screening as set forth in
3064	chapter 435 on all employees hired on or after October 1, 1998,
3065	who provide basic services or supportive and optional services
3066	to the participants. Such persons satisfy this requirement if:
3067	(a)  Proof of compliance with level 1 screening
3068	requirements obtained to meet any professional license
3069	requirements in this state is provided and accompanied, under
3070	penalty of perjury, by a copy of the person's current
3071	professional license and an affidavit of current compliance with
3072	the background screening requirements.
3073	(b)  The person required to be screened has been
3074	continuously employed, without a breach in service that exceeds
3075	180 days, in the same type of occupation for which the person is
3076	seeking employment and provides proof of compliance with the
3077	level 1 screening requirement which is no more than 2 years old.
3078	Proof of compliance must be provided directly from one employer
3079	or contractor to another, and not from the person screened. Upon
3080	request, a copy of screening results shall be provided to the
3081	person screened by the employer retaining documentation of the
3082	screening.
3083	(c)  The person required to be screened is employed by a
3084	corporation or business entity or related corporation or
3085	business entity that owns, operates, or manages more than one
3086	facility or agency licensed under this chapter, and for whom a
3087	level 1 screening was conducted by the corporation or business
3088	entity as a condition of initial or continued employment.
3089	Section 51.  For the purpose of incorporating the amendment
3090	to section 435.04, Florida Statutes, in references thereto,
3091	paragraph (a) of subsection (3) of section 400.607, Florida
3092	Statutes, is reenacted to read:
3093	400.607  Denial, suspension, or revocation of license;
3094	imposition of administrative fine; grounds; injunctions.--
3095	(3)  The agency may deny or revoke a license upon a
3096	determination that:
3097	(a)  Persons subject to level 2 background screening under
3098	s. 400.6065 do not meet the screening standards of s. 435.04,
3099	and exemptions from disqualification have not been provided by
3100	the agency.
3101	Section 52.  For the purpose of incorporating the amendment
3102	to section 435.04, Florida Statutes, in references thereto,
3103	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (4) of
3104	section 400.801, Florida Statutes, are reenacted to read:
3105	400.801  Homes for special services.--
3106	(4)  Each applicant for licensure must comply with the
3107	following requirements:
3108	(a)  Upon receipt of a completed, signed, and dated
3109	application, the agency shall require background screening, in
3110	accordance with the level 2 standards for screening set forth in
3111	chapter 435, of the managing employee, or other similarly titled
3112	individual who is responsible for the daily operation of the
3113	facility, and of the financial officer, or other similarly
3114	titled individual who is responsible for the financial operation
3115	of the facility, including billings for client care and
3116	services, in accordance with the level 2 standards for screening
3117	set forth in chapter 435. The applicant must comply with the
3118	procedures for level 2 background screening as set forth in
3119	chapter 435.
3120	(b)  The agency may require background screening of any
3121	other individual who is an applicant if the agency has probable
3122	cause to believe that he or she has been convicted of a crime or
3123	has committed any other offense prohibited under the level 2
3124	standards for screening set forth in chapter 435.
3125	(c)  Proof of compliance with the level 2 background
3126	screening requirements of chapter 435 which has been submitted
3127	within the previous 5 years in compliance with any other health
3128	care or assisted living licensure requirements of this state is
3129	acceptable in fulfillment of the requirements of paragraph (a).
3130	(d)  A provisional license may be granted to an applicant
3131	when each individual required by this section to undergo
3132	background screening has met the standards for the Department of
3133	Law Enforcement background check, but the agency has not yet
3134	received background screening results from the Federal Bureau of
3135	Investigation, or a request for a disqualification exemption has
3136	been submitted to the agency as set forth in chapter 435, but a
3137	response has not yet been issued. A standard license may be
3138	granted to the applicant upon the agency's receipt of a report
3139	of the results of the Federal Bureau of Investigation background
3140	screening for each individual required by this section to
3141	undergo background screening which confirms that all standards
3142	have been met, or upon the granting of a disqualification
3143	exemption by the agency as set forth in chapter 435. Any other
3144	person who is required to undergo level 2 background screening
3145	may serve in his or her capacity pending the agency's receipt of
3146	the report from the Federal Bureau of Investigation. However,
3147	the person may not continue to serve if the report indicates any
3148	violation of background screening standards and a
3149	disqualification exemption has not been requested of and granted
3150	by the agency as set forth in chapter 435.
3151	(f)  Each applicant must submit to the agency a description
3152	and explanation of any conviction of an offense prohibited under
3153	the level 2 standards of chapter 435 by a member of the board of
3154	directors of the applicant, its officers, or any individual
3155	owning 5 percent or more of the applicant. This requirement does
3156	not apply to a director of a not-for-profit corporation or
3157	organization if the director serves solely in a voluntary
3158	capacity for the corporation or organization, does not regularly
3159	take part in the day-to-day operational decisions of the
3160	corporation or organization, receives no remuneration for his or
3161	her services on the corporation or organization's board of
3162	directors, and has no financial interest and has no family
3163	members with a financial interest in the corporation or
3164	organization, provided that the director and the not-for-profit
3165	corporation or organization include in the application a
3166	statement affirming that the director's relationship to the
3167	corporation satisfies the requirements of this paragraph.
3168	(g)  A license may not be granted to an applicant if the
3169	applicant or managing employee has been found guilty of,
3170	regardless of adjudication, or has entered a plea of nolo
3171	contendere or guilty to, any offense prohibited under the level
3172	2 standards for screening set forth in chapter 435, unless an
3173	exemption from disqualification has been granted by the agency
3174	as set forth in chapter 435.
3175	Section 53.  For the purpose of incorporating the amendment
3176	to section 435.04, Florida Statutes, in references thereto,
3177	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (3) of
3178	section 400.805, Florida Statutes, are reenacted to read:
3179	400.805  Transitional living facilities.--
3180	(3)  Each applicant for licensure must comply with the
3181	following requirements:
3182	(a)  Upon receipt of a completed, signed, and dated
3183	application, the agency shall require background screening, in
3184	accordance with the level 2 standards for screening set forth in
3185	chapter 435, of the managing employee, or other similarly titled
3186	individual who is responsible for the daily operation of the
3187	facility, and of the financial officer, or other similarly
3188	titled individual who is responsible for the financial operation
3189	of the facility, including billings for client care and
3190	services. The applicant must comply with the procedures for
3191	level 2 background screening as set forth in chapter 435.
3192	(b)  The agency may require background screening of any
3193	other individual who is an applicant if the agency has probable
3194	cause to believe that he or she has been convicted of a crime or
3195	has committed any other offense prohibited under the level 2
3196	standards for screening set forth in chapter 435.
3197	(c)  Proof of compliance with the level 2 background
3198	screening requirements of chapter 435 which has been submitted
3199	within the previous 5 years in compliance with any other health
3200	care or assisted living licensure requirements of this state is
3201	acceptable in fulfillment of the requirements of paragraph (a).
3202	(d)  A provisional license may be granted to an applicant
3203	when each individual required by this section to undergo
3204	background screening has met the standards for the Department of
3205	Law Enforcement background check, but the agency has not yet
3206	received background screening results from the Federal Bureau of
3207	Investigation, or a request for a disqualification exemption has
3208	been submitted to the agency as set forth in chapter 435, but a
3209	response has not yet been issued. A standard license may be
3210	granted to the applicant upon the agency's receipt of a report
3211	of the results of the Federal Bureau of Investigation background
3212	screening for each individual required by this section to
3213	undergo background screening which confirms that all standards
3214	have been met, or upon the granting of a disqualification
3215	exemption by the agency as set forth in chapter 435. Any other
3216	person who is required to undergo level 2 background screening
3217	may serve in his or her capacity pending the agency's receipt of
3218	the report from the Federal Bureau of Investigation. However,
3219	the person may not continue to serve if the report indicates any
3220	violation of background screening standards and a
3221	disqualification exemption has not been requested of and granted
3222	by the agency as set forth in chapter 435.
3223	(f)  Each applicant must submit to the agency a description
3224	and explanation of any conviction of an offense prohibited under
3225	the level 2 standards of chapter 435 by a member of the board of
3226	directors of the applicant, its officers, or any individual
3227	owning 5 percent or more of the applicant. This requirement does
3228	not apply to a director of a not-for-profit corporation or
3229	organization if the director serves solely in a voluntary
3230	capacity for the corporation or organization, does not regularly
3231	take part in the day-to-day operational decisions of the
3232	corporation or organization, receives no remuneration for his or
3233	her services on the corporation or organization's board of
3234	directors, and has no financial interest and has no family
3235	members with a financial interest in the corporation or
3236	organization, provided that the director and the not-for-profit
3237	corporation or organization include in the application a
3238	statement affirming that the director's relationship to the
3239	corporation satisfies the requirements of this paragraph.
3240	(g)  A license may not be granted to an applicant if the
3241	applicant or managing employee has been found guilty of,
3242	regardless of adjudication, or has entered a plea of nolo
3243	contendere or guilty to, any offense prohibited under the level
3244	2 standards for screening set forth in chapter 435, unless an
3245	exemption from disqualification has been granted by the agency
3246	as set forth in chapter 435.
3247	Section 54.  For the purpose of incorporating the amendment
3248	to section 435.04, Florida Statutes, in references thereto,
3249	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (5) of
3250	section 400.906, Florida Statutes, are reenacted to read:
3251	400.906  Initial application for license.--
3252	(5)  Each applicant for licensure must comply with the
3253	following requirements:
3254	(a)  Upon receipt of a completed, signed, and dated
3255	application, the agency shall require background screening, in
3256	accordance with the level 2 standards for screening set forth in
3257	chapter 435, of the operator, and of the financial officer, or
3258	other similarly titled individual who is responsible for the
3259	financial operation of the center, including billings for
3260	patient care and services. The applicant must comply with the
3261	procedures for level 2 background screening as set forth in
3262	chapter 435, as well as the requirements of s. 435.03(3).
3263	(b)  The agency may require background screening of any
3264	other individual who is an applicant if the agency has a
3265	reasonable basis for believing that he or she has been convicted
3266	of a crime or has committed any other offense prohibited under
3267	the level 2 standards for screening set forth in chapter 435.
3268	(c)  Proof of compliance with the level 2 background
3269	screening requirements of chapter 435 which has been submitted
3270	within the previous 5 years in compliance with any other health
3271	care licensure requirements of this state is acceptable in
3272	fulfillment of the requirements of paragraph (a).
3273	(d)  A provisional license may be granted to an applicant
3274	when each individual required by this section to undergo
3275	background screening has met the standards for the Department of
3276	Law Enforcement background check, but the agency has not yet
3277	received background screening results from the Federal Bureau of
3278	Investigation, or a request for a disqualification exemption has
3279	been submitted to the agency as set forth in chapter 435, but a
3280	response has not yet been issued. A standard license may be
3281	granted to the applicant upon the agency's receipt of a report
3282	of the results of the Federal Bureau of Investigation background
3283	screening for each individual required by this section to
3284	undergo background screening which confirms that all standards
3285	have been met, or upon the granting of a disqualification
3286	exemption by the agency as set forth in chapter 435. Any other
3287	person who is required to undergo level 2 background screening
3288	may serve in his or her capacity pending the agency's receipt of
3289	the report from the Federal Bureau of Investigation. However,
3290	the person may not continue to serve if the report indicates any
3291	violation of background screening standards and a
3292	disqualification exemption has not been requested of and granted
3293	by the agency as set forth in chapter 435.
3294	(f)  Each applicant must submit to the agency a description
3295	and explanation of any conviction of an offense prohibited under
3296	the level 2 standards of chapter 435 by a member of the board of
3297	directors of the applicant, its officers, or any individual
3298	owning 5 percent or more of the applicant. This requirement does
3299	not apply to a director of a not-for-profit corporation or
3300	organization if the director serves solely in a voluntary
3301	capacity for the corporation or organization, does not regularly
3302	take part in the day-to-day operational decisions of the
3303	corporation or organization, receives no remuneration for his or
3304	her services on the corporation or organization's board of
3305	directors, and has no financial interest and has no family
3306	members with a financial interest in the corporation or
3307	organization, provided that the director and the not-for-profit
3308	corporation or organization include in the application a
3309	statement affirming that the director's relationship to the
3310	corporation satisfies the requirements of this paragraph.
3311	(g)  A license may not be granted to an applicant if the
3312	applicant or managing employee has been found guilty of,
3313	regardless of adjudication, or has entered a plea of nolo
3314	contendere or guilty to, any offense prohibited under the level
3315	2 standards for screening set forth in chapter 435, unless an
3316	exemption from disqualification has been granted by the agency
3317	as set forth in chapter 435.
3318	Section 55.  For the purpose of incorporating the amendment
3319	to section 435.04, Florida Statutes, in references thereto,
3320	paragraphs (a), (b), (c), (e), and (f) of subsection (5) of
3321	section 400.931, Florida Statutes, are reenacted to read:
3322	400.931  Application for license; fee; provisional license;
3323	temporary permit.--
3324	(5)  Each applicant for licensure must comply with the
3325	following requirements:
3326	(a)  Upon receipt of a completed, signed, and dated
3327	application, the agency shall require background screening of
3328	the applicant, in accordance with the level 2 standards for
3329	screening set forth in chapter 435. As used in this subsection,
3330	the term "applicant" means the general manager and the financial
3331	officer or similarly titled individual who is responsible for
3332	the financial operation of the licensed facility.
3333	(b)  The agency may require background screening for a
3334	member of the board of directors of the licensee or an officer
3335	or an individual owning 5 percent or more of the licensee if the
3336	agency has probable cause to believe that such individual has
3337	been convicted of an offense prohibited under the level 2
3338	standards for screening set forth in chapter 435.
3339	(c)  Proof of compliance with the level 2 background
3340	screening requirements of chapter 435 which has been submitted
3341	within the previous 5 years in compliance with any other health
3342	care licensure requirements of this state is acceptable in
3343	fulfillment of paragraph (a).
3344	(e)  Each applicant must submit to the agency a description
3345	and explanation of any conviction of an offense prohibited under
3346	the level 2 standards of chapter 435 by a member of the board of
3347	directors of the applicant, its officers, or any individual
3348	owning 5 percent or more of the applicant. This requirement does
3349	not apply to a director of a not-for-profit corporation or
3350	organization if the director serves solely in a voluntary
3351	capacity for the corporation or organization, does not regularly
3352	take part in the day-to-day operational decisions of the
3353	corporation or organization, receives no remuneration for his or
3354	her services on the corporation's or organization's board of
3355	directors, and has no financial interest and has no family
3356	members with a financial interest in the corporation or
3357	organization, provided that the director and the not-for-profit
3358	corporation or organization include in the application a
3359	statement affirming that the director's relationship to the
3360	corporation satisfies the requirements of this provision.
3361	(f)  A license may not be granted to any potential licensee
3362	if any applicant, administrator, or financial officer has been
3363	found guilty of, regardless of adjudication, or has entered a
3364	plea of nolo contendere or guilty to, any offense prohibited
3365	under the level 2 standards for screening set forth in chapter
3366	435, unless an exemption from disqualification has been granted
3367	by the agency as set forth in chapter 435.
3368	Section 56.  For the purpose of incorporating the amendment
3369	to section 435.04, Florida Statutes, in references thereto,
3370	paragraphs (a), (b), (c), (d), and (f) of subsection (10) of
3371	section 400.962, Florida Statutes, are reenacted to read:
3372	400.962  License required; license application.--
3373	(10)(a)  Upon receipt of a completed, signed, and dated
3374	application, the agency shall require background screening of
3375	the applicant, in accordance with the level 2 standards for
3376	screening set forth in chapter 435. As used in this subsection,
3377	the term "applicant" means the facility administrator, or
3378	similarly titled individual who is responsible for the day-to-
3379	day operation of the licensed facility, and the facility
3380	financial officer, or similarly titled individual who is
3381	responsible for the financial operation of the licensed
3382	facility.
3383	(b)  The agency may require background screening for a
3384	member of the board of directors of the licensee or an officer
3385	or an individual owning 5 percent or more of the licensee if the
3386	agency has probable cause to believe that such individual has
3387	been convicted of an offense prohibited under the level 2
3388	standards for screening set forth in chapter 435.
3389	(c)  Proof of compliance with the level 2 background
3390	screening requirements of chapter 435 which has been submitted
3391	within the previous 5 years in compliance with any other
3392	licensure requirements under this chapter satisfies the
3393	requirements of paragraph (a). Proof of compliance with
3394	background screening which has been submitted within the
3395	previous 5 years to fulfill the requirements of the Financial
3396	Services Commission and the Office of Insurance Regulation under
3397	chapter 651 as part of an application for a certificate of
3398	authority to operate a continuing care retirement community
3399	satisfies the requirements for the Department of Law Enforcement
3400	and Federal Bureau of Investigation background checks.
3401	(d)  A provisional license may be granted to an applicant
3402	when each individual required by this section to undergo
3403	background screening has met the standards for the Department of
3404	Law Enforcement background check, but the agency has not yet
3405	received background screening results from the Federal Bureau of
3406	Investigation, or a request for a disqualification exemption has
3407	been submitted to the agency as set forth in chapter 435, but a
3408	response has not yet been issued. A license may be granted to
3409	the applicant upon the agency's receipt of a report of the
3410	results of the Federal Bureau of Investigation background
3411	screening for each individual required by this section to
3412	undergo background screening which confirms that all standards
3413	have been met, or upon the granting of a disqualification
3414	exemption by the agency as set forth in chapter 435. Any other
3415	person who is required to undergo level 2 background screening
3416	may serve in his or her capacity pending the agency's receipt of
3417	the report from the Federal Bureau of Investigation; however,
3418	the person may not continue to serve if the report indicates any
3419	violation of background screening standards and a
3420	disqualification exemption has not been granted by the agency as
3421	set forth in chapter 435.
3422	(f)  Each applicant must submit to the agency a description
3423	and explanation of any conviction of an offense prohibited under
3424	the level 2 standards of chapter 435 by a member of the board of
3425	directors of the applicant, its officers, or any individual
3426	owning 5 percent or more of the applicant. This requirement does
3427	not apply to a director of a not-for-profit corporation or
3428	organization if the director serves solely in a voluntary
3429	capacity for the corporation or organization, does not regularly
3430	take part in the day-to-day operational decisions of the
3431	corporation or organization, receives no remuneration for his or
3432	her services on the corporation's or organization's board of
3433	directors, and has no financial interest and has no family
3434	members with a financial interest in the corporation or
3435	organization, provided that the director and the not-for-profit
3436	corporation or organization include in the application a
3437	statement affirming that the director's relationship to the
3438	corporation satisfies the requirements of this paragraph.
3439	Section 57.  For the purpose of incorporating the amendment
3440	to section 435.04, Florida Statutes, in references thereto,
3441	paragraphs (b) and (d) of subsection (7) of section 400.991,
3442	Florida Statutes, are reenacted to read:
3443	400.991  License requirements; background screenings;
3444	prohibitions.--
3445	(7)  Each applicant for licensure shall comply with the
3446	following requirements:
3447	(b)  Upon receipt of a completed, signed, and dated
3448	application, the agency shall require background screening of
3449	the applicant, in accordance with the level 2 standards for
3450	screening set forth in chapter 435. Proof of compliance with the
3451	level 2 background screening requirements of chapter 435 which
3452	has been submitted within the previous 5 years in compliance
3453	with any other health care licensure requirements of this state
3454	is acceptable in fulfillment of this paragraph.
3455	(d)  A license may not be granted to a clinic if the
3456	applicant has been found guilty of, regardless of adjudication,
3457	or has entered a plea of nolo contendere or guilty to, any
3458	offense prohibited under the level 2 standards for screening set
3459	forth in chapter 435, or a violation of insurance fraud under s.
3460	817.234, within the past 5 years. If the applicant has been
3461	convicted of an offense prohibited under the level 2 standards
3462	or insurance fraud in any jurisdiction, the applicant must show
3463	that his or her civil rights have been restored prior to
3464	submitting an application.
3465	Section 58.  For the purpose of incorporating the amendment
3466	to section 435.04, Florida Statutes, in references thereto,
3467	paragraph (e) of subsection (2) of section 402.302, Florida
3468	Statutes, is reenacted to read:
3469	402.302  Definitions.--
3470	(2)  "Child care facility" includes any child care center
3471	or child care arrangement which provides child care for more
3472	than five children unrelated to the operator and which receives
3473	a payment, fee, or grant for any of the children receiving care,
3474	wherever operated, and whether or not operated for profit. The
3475	following are not included:
3476	(e)  Operators of transient establishments, as defined in
3477	chapter 509, which provide child care services solely for the
3478	guests of their establishment or resort, provided that all child
3479	care personnel of the establishment are screened according to
3480	the level 2 screening requirements of chapter 435.
3481	Section 59.  For the purpose of incorporating the amendment
3482	to section 435.04, Florida Statutes, in references thereto,
3483	paragraph (a) of subsection (2) of section 402.305, Florida
3484	Statutes, is reenacted to read:
3485	402.305  Licensing standards; child care facilities.--
3486	(2)  PERSONNEL.--Minimum standards for child care personnel
3487	shall include minimum requirements as to:
3488	(a)  Good moral character based upon screening. This
3489	screening shall be conducted as provided in chapter 435, using
3490	the level 2 standards for screening set forth in that chapter.
3491	Section 60.  For the purpose of incorporating the amendment
3492	to section 435.04, Florida Statutes, in references thereto,
3493	subsection (3) of section 402.3054, Florida Statutes, is
3494	reenacted to read:
3495	402.3054  Child enrichment service providers.--
3496	(3)  A child enrichment service provider shall be of good
3497	moral character based upon screening. This screening shall be
3498	conducted as provided in chapter 435, using the level 2
3499	standards for screening set forth in that chapter. A child
3500	enrichment service provider must meet the screening requirements
3501	prior to providing services to a child in a child care facility.
3502	A child enrichment service provider who has met the screening
3503	standards shall not be required to be under the direct and
3504	constant supervision of child care personnel.
3505	Section 61.  For the purpose of incorporating the amendment
3506	to section 435.04, Florida Statutes, in references thereto,
3507	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3508	section 483.30, Florida Statutes, are reenacted to read:
3509	483.30  Licensing of centers.--
3510	(2)  Each applicant for licensure must comply with the
3511	following requirements:
3512	(a)  Upon receipt of a completed, signed, and dated
3513	application, the agency shall require background screening, in
3514	accordance with the level 2 standards for screening set forth in
3515	chapter 435, of the managing employee, or other similarly titled
3516	individual who is responsible for the daily operation of the
3517	center, and of the financial officer, or other similarly titled
3518	individual who is responsible for the financial operation of the
3519	center, including billings for patient services. The applicant
3520	must comply with the procedures for level 2 background screening
3521	as set forth in chapter 435, as well as the requirements of s.
3522	435.03(3).
3523	(b)  The agency may require background screening of any
3524	other individual who is an applicant if the agency has probable
3525	cause to believe that he or she has been convicted of a crime or
3526	has committed any other offense prohibited under the level 2
3527	standards for screening set forth in chapter 435.
3528	(c)  Proof of compliance with the level 2 background
3529	screening requirements of chapter 435 which has been submitted
3530	within the previous 5 years in compliance with any other health
3531	care licensure requirements of this state is acceptable in
3532	fulfillment of the requirements of paragraph (a).
3533	(d)  A provisional license may be granted to an applicant
3534	when each individual required by this section to undergo
3535	background screening has met the standards for the Department of
3536	Law Enforcement background check, but the agency has not yet
3537	received background screening results from the Federal Bureau of
3538	Investigation, or a request for a disqualification exemption has
3539	been submitted to the agency as set forth in chapter 435 but a
3540	response has not yet been issued. A license may be granted to
3541	the applicant upon the agency's receipt of a report of the
3542	results of the Federal Bureau of Investigation background
3543	screening for each individual required by this section to
3544	undergo background screening which confirms that all standards
3545	have been met, or upon the granting of a disqualification
3546	exemption by the agency as set forth in chapter 435. Any other
3547	person who is required to undergo level 2 background screening
3548	may serve in his or her capacity pending the agency's receipt of
3549	the report from the Federal Bureau of Investigation. However,
3550	the person may not continue to serve if the report indicates any
3551	violation of background screening standards and a
3552	disqualification exemption has not been requested of and granted
3553	by the agency as set forth in chapter 435.
3554	(f)  Each applicant must submit to the agency a description
3555	and explanation of any conviction of an offense prohibited under
3556	the level 2 standards of chapter 435 by a member of the board of
3557	directors of the applicant, its officers, or any individual
3558	owning 5 percent or more of the applicant. This requirement does
3559	not apply to a director of a not-for-profit corporation or
3560	organization if the director serves solely in a voluntary
3561	capacity for the corporation or organization, does not regularly
3562	take part in the day-to-day operational decisions of the
3563	corporation or organization, receives no remuneration for his or
3564	her services on the corporation or organization's board of
3565	directors, and has no financial interest and has no family
3566	members with a financial interest in the corporation or
3567	organization, provided that the director and the not-for-profit
3568	corporation or organization include in the application a
3569	statement affirming that the director's relationship to the
3570	corporation satisfies the requirements of this paragraph.
3571	(g)  A license may not be granted to an applicant if the
3572	applicant or managing employee has been found guilty of,
3573	regardless of adjudication, or has entered a plea of nolo
3574	contendere or guilty to, any offense prohibited under the level
3575	2 standards for screening set forth in chapter 435, unless an
3576	exemption from disqualification has been granted by the agency
3577	as set forth in chapter 435.
3578	Section 62.  For the purpose of incorporating the amendment
3579	to section 435.04, Florida Statutes, in references thereto,
3580	paragraphs (a), (b), (c), (d), (f), and (g) of subsection (2) of
3581	section 483.101, Florida Statutes, are reenacted to read:
3582	483.101  Application for clinical laboratory license.--
3583	(2)  Each applicant for licensure must comply with the
3584	following requirements:
3585	(a)  Upon receipt of a completed, signed, and dated
3586	application, the agency shall require background screening, in
3587	accordance with the level 2 standards for screening set forth in
3588	chapter 435, of the managing director or other similarly titled
3589	individual who is responsible for the daily operation of the
3590	laboratory and of the financial officer, or other similarly
3591	titled individual who is responsible for the financial operation
3592	of the laboratory, including billings for patient services. The
3593	applicant must comply with the procedures for level 2 background
3594	screening as set forth in chapter 435, as well as the
3595	requirements of s. 435.03(3).
3596	(b)  The agency may require background screening of any
3597	other individual who is an applicant if the agency has probable
3598	cause to believe that he or she has been convicted of a crime or
3599	has committed any other offense prohibited under the level 2
3600	standards for screening set forth in chapter 435.
3601	(c)  Proof of compliance with the level 2 background
3602	screening requirements of chapter 435 which has been submitted
3603	within the previous 5 years in compliance with any other health
3604	care licensure requirements of this state is acceptable in
3605	fulfillment of the requirements of paragraph (a).
3606	(d)  A provisional license may be granted to an applicant
3607	when each individual required by this section to undergo
3608	background screening has met the standards for the Department of
3609	Law Enforcement background check but the agency has not yet
3610	received background screening results from the Federal Bureau of
3611	Investigation, or a request for a disqualification exemption has
3612	been submitted to the agency as set forth in chapter 435 but a
3613	response has not yet been issued. A license may be granted to
3614	the applicant upon the agency's receipt of a report of the
3615	results of the Federal Bureau of Investigation background
3616	screening for each individual required by this section to
3617	undergo background screening which confirms that all standards
3618	have been met, or upon the granting of a disqualification
3619	exemption by the agency as set forth in chapter 435. Any other
3620	person who is required to undergo level 2 background screening
3621	may serve in his or her capacity pending the agency's receipt of
3622	the report from the Federal Bureau of Investigation. However,
3623	the person may not continue to serve if the report indicates any
3624	violation of background screening standards and a
3625	disqualification exemption has not been requested of and granted
3626	by the agency as set forth in chapter 435.
3627	(f)  Each applicant must submit to the agency a description
3628	and explanation of any conviction of an offense prohibited under
3629	the level 2 standards of chapter 435 by a member of the board of
3630	directors of the applicant, its officers, or any individual
3631	owning 5 percent or more of the applicant. This requirement does
3632	not apply to a director of a not-for-profit corporation or
3633	organization if the director serves solely in a voluntary
3634	capacity for the corporation or organization, does not regularly
3635	take part in the day-to-day operational decisions of the
3636	corporation or organization, receives no remuneration for his or
3637	her services on the corporation or organization's board of
3638	directors, and has no financial interest and has no family
3639	members with a financial interest in the corporation or
3640	organization, provided that the director and the not-for-profit
3641	corporation or organization include in the application a
3642	statement affirming that the director's relationship to the
3643	corporation satisfies the requirements of this paragraph.
3644	(g)  A license may not be granted to an applicant if the
3645	applicant or managing employee has been found guilty of,
3646	regardless of adjudication, or has entered a plea of nolo
3647	contendere or guilty to, any offense prohibited under the level
3648	2 standards for screening set forth in chapter 435, unless an
3649	exemption from disqualification has been granted by the agency
3650	as set forth in chapter 435.
3651	Section 63.  For the purpose of incorporating the amendment
3652	to section 435.04, Florida Statutes, in references thereto,
3653	subsection (5) of section 744.1085, Florida Statutes, is
3654	reenacted to read:
3655	744.1085  Regulation of professional guardians;
3656	application; bond required; educational requirements.--
3657	(5)  As required in s. 744.3135, each professional guardian
3658	shall allow a level 2 background screening of the guardian and
3659	employees of the guardian in accordance with the provisions of
3660	s. 435.04.
3661	Section 64.  For the purpose of incorporating the amendment
3662	to section 435.04, Florida Statutes, in references thereto,
3663	paragraph (b) of subsection (2) of section 984.01, Florida
3664	Statutes, is reenacted to read:
3665	984.01  Purposes and intent; personnel standards and
3666	screening.--
3667	(2)  The Department of Juvenile Justice or the Department
3668	of Children and Family Services, as appropriate, may contract
3669	with the Federal Government, other state departments and
3670	agencies, county and municipal governments and agencies, public
3671	and private agencies, and private individuals and corporations
3672	in carrying out the purposes of, and the responsibilities
3673	established in, this chapter.
3674	(b)  The Department of Juvenile Justice and the Department
3675	of Children and Family Services shall require employment
3676	screening pursuant to chapter 435, using the level 2 standards
3677	set forth in that chapter for personnel in programs for children
3678	or youths.
3679	Section 65.  For the purpose of incorporating the amendment
3680	to section 435.04, Florida Statutes, in references thereto,
3681	paragraph (b) of subsection (2) of section 985.01, Florida
3682	Statutes, is reenacted to read:
3683	985.01  Purposes and intent; personnel standards and
3684	screening.--
3685	(2)  The Department of Juvenile Justice or the Department
3686	of Children and Family Services, as appropriate, may contract
3687	with the Federal Government, other state departments and
3688	agencies, county and municipal governments and agencies, public
3689	and private agencies, and private individuals and corporations
3690	in carrying out the purposes of, and the responsibilities
3691	established in, this chapter.
3692	(b)  The Department of Juvenile Justice and the Department
3693	of Children and Family Services shall require employment
3694	screening pursuant to chapter 435, using the level 2 standards
3695	set forth in that chapter for personnel in programs for children
3696	or youths.
3697	Section 66.  For the purpose of incorporating the amendment
3698	to section 435.04, Florida Statutes, in references thereto,
3699	paragraphs (a) and (b) of subsection (7) of section 1002.36,
3700	Florida Statutes, are reenacted to read:
3701	1002.36  Florida School for the Deaf and the Blind.--
3702	(7)  PERSONNEL SCREENING.--
3703	(a)  The Board of Trustees of the Florida School for the
3704	Deaf and the Blind shall, because of the special trust or
3705	responsibility of employees of the school, require all employees
3706	and applicants for employment to undergo personnel screening and
3707	security background investigations as provided in chapter 435,
3708	using the level 2 standards for screening set forth in that
3709	chapter, as a condition of employment and continued employment.
3710	The cost of a personnel screening and security background
3711	investigation for an employee of the school shall be paid by the
3712	school. The cost of such a screening and investigation for an
3713	applicant for employment may be paid by the school.
3714	(b)  As a prerequisite for initial and continuing
3715	employment at the Florida School for the Deaf and the Blind:
3716	1.  The applicant or employee shall submit to the Florida
3717	School for the Deaf and the Blind a complete set of fingerprints
3718	taken by an authorized law enforcement agency or an employee of
3719	the Florida School for the Deaf and the Blind who is trained to
3720	take fingerprints. The Florida School for the Deaf and the Blind
3721	shall submit the fingerprints to the Department of Law
3722	Enforcement for state processing and the Federal Bureau of
3723	Investigation for federal processing.
3724	2.a.  The applicant or employee shall attest to the minimum
3725	standards for good moral character as contained in chapter 435,
3726	using the level 2 standards set forth in that chapter under
3727	penalty of perjury.
3728	b.  New personnel shall be on a probationary status pending
3729	a determination of compliance with such minimum standards for
3730	good moral character. This paragraph is in addition to any
3731	probationary status provided for by Florida law or Florida
3732	School for the Deaf and the Blind rules or collective bargaining
3733	contracts.
3734	3.  The Florida School for the Deaf and the Blind shall
3735	review the record of the applicant or employee with respect to
3736	the crimes contained in s. 435.04 and shall notify the applicant
3737	or employee of its findings. When disposition information is
3738	missing on a criminal record, it shall be the responsibility of
3739	the applicant or employee, upon request of the Florida School
3740	for the Deaf and the Blind, to obtain and supply within 30 days
3741	the missing disposition information to the Florida School for
3742	the Deaf and the Blind. Failure to supply missing information
3743	within 30 days or to show reasonable efforts to obtain such
3744	information shall result in automatic disqualification of an
3745	applicant and automatic termination of an employee.
3746	4.  After an initial personnel screening and security
3747	background investigation, written notification shall be given to
3748	the affected employee within a reasonable time prior to any
3749	subsequent screening and investigation.
3750	Section 67.  For the purpose of incorporating the
3751	amendments to sections 943.0585 and 943.059, Florida Statutes,
3752	in references thereto, paragraph (a) of subsection (2) and
3753	subsection (6) of section 943.0582, Florida Statutes, are
3754	reenacted to read:
3755	943.0582  Prearrest, postarrest, or teen court diversion
3756	program expunction.--
3757	(2)(a)  As used in this section, the term "expunction" has
3758	the same meaning ascribed in and effect as s. 943.0585, except
3759	that:
3760	1.  The provisions of s. 943.0585(4)(a) do not apply,
3761	except that the criminal history record of a person whose record
3762	is expunged pursuant to this section shall be made available
3763	only to criminal justice agencies for the purpose of determining
3764	eligibility for prearrest, postarrest, or teen court diversion
3765	programs; when the record is sought as part of a criminal
3766	investigation; or when the subject of the record is a candidate
3767	for employment with a criminal justice agency. For all other
3768	purposes, a person whose record is expunged under this section
3769	may lawfully deny or fail to acknowledge the arrest and the
3770	charge covered by the expunged record.
3771	2.  Records maintained by local criminal justice agencies
3772	in the county in which the arrest occurred that are eligible for
3773	expunction pursuant to this section shall be sealed as the term
3774	is used in s. 943.059.
3775	(6)  Expunction or sealing granted under this section does
3776	not prevent the minor who receives such relief from petitioning
3777	for the expunction or sealing of a later criminal history record
3778	as provided for in ss. 943.0585 and 943.059, if the minor is
3779	otherwise eligible under those sections.
3780	Section 68.  For the purpose of incorporating the amendment
3781	to section 943.059, Florida Statutes, in references thereto,
3782	subsections (7), (8), and (9) of section 943.053, Florida
3783	Statutes, are reenacted to read:
3784	943.053  Dissemination of criminal justice information;
3785	fees.--
3786	(7)  Notwithstanding the provisions of s. 943.0525, and any
3787	user agreements adopted pursuant thereto, and notwithstanding
3788	the confidentiality of sealed records as provided for in s.
3789	943.059, the sheriff of any county that has contracted with a
3790	private entity to operate a county detention facility pursuant
3791	to the provisions of s. 951.062 shall provide that private
3792	entity, in a timely manner, copies of the Florida criminal
3793	history records for its inmates. The sheriff may assess a charge
3794	for the Florida criminal history records pursuant to the
3795	provisions of chapter 119. Sealed records received by the
3796	private entity under this section remain confidential and exempt
3797	from the provisions of s. 119.07(1).
3798	(8)  Notwithstanding the provisions of s. 943.0525, and any
3799	user agreements adopted pursuant thereto, and notwithstanding
3800	the confidentiality of sealed records as provided for in s.
3801	943.059, the Department of Corrections shall provide, in a
3802	timely manner, copies of the Florida criminal history records
3803	for inmates housed in a private state correctional facility to
3804	the private entity under contract to operate the facility
3805	pursuant to the provisions of s. 944.105 or s. 957.03. The
3806	department may assess a charge for the Florida criminal history
3807	records pursuant to the provisions of chapter 119. Sealed
3808	records received by the private entity under this section remain
3809	confidential and exempt from the provisions of s. 119.07(1).
3810	(9)  Notwithstanding the provisions of s. 943.0525 and any
3811	user agreements adopted pursuant thereto, and notwithstanding
3812	the confidentiality of sealed records as provided for in s.
3813	943.059, the Department of Juvenile Justice or any other state
3814	or local criminal justice agency may provide copies of the
3815	Florida criminal history records for juvenile offenders
3816	currently or formerly detained or housed in a contracted
3817	juvenile assessment center or detention facility or serviced in
3818	a contracted treatment program and for employees or other
3819	individuals who will have access to these facilities, only to
3820	the entity under direct contract with the Department of Juvenile
3821	Justice to operate these facilities or programs pursuant to the
3822	provisions of s. 985.411. The criminal justice agency providing
3823	such data may assess a charge for the Florida criminal history
3824	records pursuant to the provisions of chapter 119. Sealed
3825	records received by the private entity under this section remain
3826	confidential and exempt from the provisions of s. 119.07(1).
3827	Information provided under this section shall be used only for
3828	the criminal justice purpose for which it was requested and may
3829	not be further disseminated.
3830	Section 69.  The creation of sections 393.135, 394.4593,
3831	and 916.1075, Florida Statutes, by this act shall apply to
3832	offenses committed on or after the effective date of this act.
3833	Section 70.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.